FIROZ SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants/original accused nos. 1 to 4 have questioned the legality, correctness and propriety of the judgment and order dtd. 28/3/2022 passed by the learned Sessions Judge, Amravati in Criminal Appeal No. 64/2016, thereby dismissing the appeal by which the applicants had challenged the judgment and order dtd. 9/3/2016 passed by the learned Joint Additional Chief Judicial Magistrate, Amravati in Regular Criminal Complaint Case No. 1022/2014. The learned Magistrate has convicted the applicants for contravention of Ss. 40(1)(2), 48(A), 44 and 49(B) punishable under Ss. 51, 51, 51 and 51(1-A) respectively of the Wild Life (Protection) Act, 1972 (for short 'the Act'). The maximum punishment imposed is of three years. The appeal having been dismissed, the conviction of the applicants has been upheld.

(2.) According to prosecution, in the month of March - 2014, at Adaumar, Taluka - Bhainsdehi, District - Betul (M.P.), original accused nos. 5 - Bhimrao and 6 - Ramaji, who have also been convicted by the learned trial Court, hunted a Panther, a wild animal specified in Schedule I, Part I (16-B) in contravention of Sec. 9 of the Act. These two accused have allegedly removed the skin and two teeth of the Panther. The reason for killing the Panther was that it killed a white bull belonging to accused no.5 - Bhimrao and, therefore, Bhimrao, by taking help of Ramaji, has killed the Panther. Ramaji has fired one bullet, which hit the neck of the Panther.

(3.) Thereafter, the skin and two teeth of the Panther were removed and kept at the house of Bhimrao. Later on, Bhimrao met one person named Tepa (not made accused). Bhimrao asked Tepa to search for a customer for Panther's skin. After few days, Tepa, Mama (not made accused) and applicant/ accused no.4 - Pawan met Bhimrao and informed him that they have a customer and instructed him to bring the skin at Kundi Village, when so directed. After few days, Tepa and Pawan along with applicant/accused no.1 - Firoz and applicant/accused no.2 - Dinesh came to Kundi Village where Bhimrao showed them the Panther's skin. Thereafter, Pawan told him to take back the skin and to wait for further instructions.