DARIYAO SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) This is first application under Section 439 of Cr.P.C. by the applicant - Dariyao Singh, who has been arrested by Police on 8.1.2020 in a Crime No.25618/2010, Police Station Van Vibhag, Narsinghgarh, District Rajgarh under Sections 2 (16) , 9 , 39 / 51 of Wild Life Protection Act; u/s. 33(1)(j) and 52 of Indian Forest Act ; and u/s. 25, 27 of the Arms Act .

(2.) Heard the learned counsel for the parties through Video Conferencing and perused the case diary.

(3.) As per the prosecution story, during the intervening night of 6.1.2020 and 7.1.2020, a team of Forest employees were on patrolling in the Forest Range No.P-16 of Sunderpura Beat. Near about at 3 am. in the night, the team reached to the agricultural field belonging to the present applicant situated in Gram Umar Jhir, Tehsil Narsinghgarh, District Rajgarh. They found silver colour Scorpio Jeep bearing Registration No. MH- 04 -BK-4687 parked inside the agricultural field. They conducted the searched and found two guns with the telescope; one knife containing bloodstains; one meat-cutter ('bukka') and one empty cartridge, etc. They found Ayushman Card issued in the name of Shoab Qureshi. During the search, the owner of the agricultural land i.e. the present applicant informed that this Scorpio Jeep came from the Bhopal side and he was going for the repair of puncture of the vehicle. In the said vehicle 5 persons were there including Hari Nai of Sunderpura to whom he recognised and he can identify four persons by face. The team members further conducted the search in the agricultural field and near about 25 meters away from jeep they found one dead body in two pieces of one female black bug and ten meters away, they also found the dead body of infant of black bug which was taken out from the womb of black bug by cutting the stomach. The present applicant further informed that after seeing the team, all the four hunters ran away from the agricultural field towards the forest. Since those five persons hunted the black bug which is a scheduled animal, therefore, the Forest officials have registered a criminal case against the applicant and five others. The present applicant has been made accused because he helped them to park their vehicle inside his field and did not inform the Forest authorities about hunting and cutting of the black bug. He was arrested on 8.1.2020 and was sent into judicial custody. Later on the prosecution has also arrested Harisingh Sen on 14.1.2020. Out of four, only one i.e. Shoab Qureshi has been arrested so far. The Police have filed the challan showing other accused as absconding.