(1.) Heard on I.A. No.3178/2023, which is first application filed under Sec. 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant " Gulab.
(2.) Learned Trial Court has convicted the appellant under Ss. 25(1-B)(A) of Arms Act and 51 of Wild Life Protection Act and sentenced him to undergo RI for 3 years and 3 years with fine of Rs.10,000.00 and Rs.10,000.00 respectively with default stipulations, vide judgment of conviction and order of sentence dtd. 10/2/2023 passed by the II ASJ, Bagli, District-Dewas in S.T. No.32 of 2021.
(3.) As per prosecution case, on 04/02/2021 deceased Madanlal Verma was on duty in Ratanpur Beet of Punjapura Jungle Area but after duty hours, he did not come back to home. Thereafter upon search deceased was laying near his motor-cycle and found that he has been shot and is dead. Police recovered some meat and skull of deer from the possession of present appellant, therefore, offence has been registered against him under the aforementioned Ss. .