LAWS(MPH)-2008-9-11

REKHCHAND Vs. STATE OF MADHYA PRADESH

Decided On September 11, 2008
REKHCHAND, SON OF AYODHYA DEHARIYA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPLICANT has filed this revision against the order dated 20. 1. 1998, passed by Second Additional Sessions Judge, Chhindwara in criminal Appeal No. 33/97, affirming the judgment dated 25. 2. 1997, passed by Judicial Magistrate First Class, Amarwada in Criminal Case no. 457/1995, convicting the applicant under Section 9 and 49a read with Section 51 of the Wild Life (Protection) Act, 1972 and sentencing him to rigorous imprisonment for one year with fine of Rs. 5000/ -.

(2.) ACCORDING to prosecution, on 29. 1. 1995, K. P. Dhurve, Sub inspector, on receiving information from an informer that applicant possessed leather of leopard, searched his house in presence of witnesses Ramdas, Punaram and Ramdeen and seized a leather of leopard vide seizure memo Ex. P/2. After obtaining the opinion from dr. S. R. Suryawanshi, he registered a case under Section 9, 49a read with Section 51 of the Wild Life (Protection) Act, 1972 (for brevity the act) against him and after investigation, filed charge sheet in the court.

(3.) LEARNED trial Court, relying on the evidence of dr. S. R. Suryawanshi (PW-1), Ramdeen (PW-2) and K. P. Dhurve (PW-4), held the applicant guilty of the aforesaid offence and convicted and sentenced him accordingly.