MANGAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Section 51 of the Wild Life Protection Act, 1972 (for short "Act") vide judgment dated 12.9.2012 passed by the Judicial Magistrate First Class, Katni in Criminal Case No. 4577/2009 and sentenced with one year's simple imprisonment with fine of Rs. 3000/-. In Criminal Appeal No. 206/2012 the learned Second Additional Sessions Judge, Katni dismissed the appeal. Being aggrieved with both the judgments, the applicant has filed the present revision. The prosecution case, in short, is that on 27.2.2003 the officers of the Forest Department along with the police force of Police Station Dhimarkheda took a search at 4:00 AM in the morning in the locality of Pardhi Community. In search it was found that the applicant had a skin of wild animal (Ghutri) and with other accused persons horn of dear etc. were also found, and therefore memo under Section 27 of the Evidence Act was recorded and the case was prepared.

(2.) The applicant abjured his guilt. He did not take any specific evidence in defence, therefore no defence evidence was adduced.

(3.) The learned Judicial Magistrate First Class, Katni after considering the evidence adduced by the prosecution convicted and sentenced the applicant as mentioned above and the appeal filed by the applicant was also dismissed in toto by the learned Second Additional Sessions Judge, Katni.