MAKBOOL AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two revisions arise out of Regular Criminal Case No. 236/2001 and therefore, they are being disposed of by the common judgment.

(2.) The applicant in Cri. Revision No. 82/2013 is the original accused no.1 and the applicant in Cri. Revision No. 83/2013 is the original accused no.2. In this judgment, they shall be referred by their nomenclature as accused no.1 and accused no.2.

(3.) Challenge in these revision applications is to the common judgment and order dtd. 23/5/2013, passed by learned Additional Sessions Judge, Nagpur in Criminal Appeal Nos. 88/2007 and 97/2007, whereby learned Judge has dismissed the appeals filed by accused nos.1 and 2 against the judgment and order of their conviction and sentence passed by learned Chief Judicial Magistrate, Nagpur in Regular Criminal Case No. 236/2001 dtd. 9/4/2007 for the offence punishable under Sec. 120-B of the Indian Penal Code read with Ss. 49 , 49-B and 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as "the Act of 1972" for short). Learned Chief Judicial Magistrate, on conviction of accused nos.1 and 2, had sentenced them to suffer rigorous imprisonment for six years and to pay fine of Rs.5,000.00 each and in default of payment of fine, to suffer further rigorous imprisonment for one year.