(1.) The State of Maharashtra has filed the present appeal challenging the Judgment of acquittal, in Regular Criminal Case No. 895 of 1998 and Regular Complaint Case No. 244 of 2001, by which all the accused/respondents came to be acquitted of the offences punishable under Sections 9, 51, 39, 48(a) of the Wild Life (Protection) Act, 1972, Sections 3 and 4 punishable under Section 25 of the Arms and Explosives Act and Section 429 r/w 34 of the Indian Penal Code. The case of appellant/State, in short, is as under:
(2.) Ramesh Jaiswal (PW-1) disclosed that he found search light. There may be thief. He informed that dacoits were wandering, so he should make arrangements in that regard. Ramesh Jaiswal (PW-1), Police Patil of the village informed police on phone. Some of the villagers brought accused/respondents with three children and one Parashram Patil r/o. Hatodi in the jeep to the house of Police Patil Ramesh Jaiswal. 300-400 people surrounded the said jeep. He saw three persons and three children and the said jeep. They were in frightened condition. He took them in his house and provided water to them. Some villagers took out black buck from the jeep and kept in the chapari of his house. Said black buck was already dead. There were injuries on neck and blood was oozing from nose and injuries on the dead body. Weapons were taken out from the jeep.
(3.) Ramesh Jaiswal (PW-1), Police Patil of village Kachurwahi informed police. Police reached to his house. PSI Dixit took custody of all the accused persons along with weapons and dead body of black buck. All the accused persons and dead black buck were taken to the Police Station. PSI Dixit registered crime against all the accused. Spot Panchanama etc. was prepared in presence of Ramesh Jaiswal (PW-1).