YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this revision application, challenge is to the judgment and order dtd. 15/9/2016, passed by the learned Sessions Judge, Bhandara, whereby the learned Sessions Judge dismissed the appeal (except the modification of sentence) filed by the applicants/accused Nos.8, 9, 10, 11 and 13 against their conviction and sentence awarded by the learned Judicial Magistrate First Class, Sakoli for the offences punishable under Ss. 9, 27, 29 and 31 read with Sec. 51(1) of the Wild Life (Protection) Act, 1972 (for short "the Act of 1972"). The learned Magistrate, on conviction, had sentenced the accused to suffer rigorous imprisonment for one year and to pay fine of Rs.300.00 each and in default to suffer simple imprisonment for a period of one month.

(2.) BACKGROUND FACTS :-

(3.) The prosecution examined ten witnesses to bring home the guilt against the accused. The learned Judicial Magistrate First Class, on consideration of the evidence, found the applicants/accused, guilty of the offences and sentenced them as above. The learned Magistrate acquitted the remaining accused. The appeal filed by the applicants/accused against their conviction and sentence was dismissed by the learned Sessions Judge, Bhandara. However, the learned Sessions Judge modified the substantive sentence and reduced it to six months from one year.