RAMESH KOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this criminal revision under Section 397 read with Section 401 of Cr.P.C., being aggrieved by the order dated 28.03.2019 passed in Criminal Appeal No. 73/2018 by IVth Additional Sessions Judge, Sidhi, District Sidhi whereby, conviction passed under Section 51 of Wild Life (Protection) Act and has been sentenced to undergo rigorous imprisonment for 01 year with fine of Rs. 2,000/- with default stipulation by J.M.F.C., District Sidhi in Criminal Case No. 260/2017 judgment dated 23.3.2018 applicant being aggrieved by the conviction and sentence preferred appeal, registered as Criminal Appeal No. 73/2018 Court of 4th Additional Sessions Judge, District Sidhi vide judgment dated 28.03.2019 dismissed the appeal upholding the conviction and sentence awarded by the Court of JMFC. Being aggrieved by the conviction and sentence passed against the both Court below filed this revision.

(2.) Facts giving rise to this revision, in short, are that accused was having a tractor not exhibiting the registration No. M.P.53 M-1962 and illegally filled a sand from the Bank of Son River situated near village Madarhai. This area was reserved as a Sanctuary Son Ghadiyal, Sidhi. The range staff of the Forest Department Virendra Prasad Mishra, Dy. Ranger (P.W.2), Tarun Pratap Singh, Forest Guard (P.W.1), Shiv Bahadur Singh, Forest Guard (P.W.3), Anand Bahadur Singh, Forest Guard (P.W.4) and other persons conducting the night patrolling of the Sanctuary found that applicant, after filling the sand was coming out from the bank of Son River, he was stopped by the patrolling team not having any valid authority to enter into the Sanctuary and excavating the sand from the bank of Son River. The Forest Team prepared a Panchnama and spot map and after completing all the formalities, registered case on POR No. 6857/23 in the next morning of the day i.e. on 28.04.2007 and submit a complaint against the applicant for the offence punishable under Section 27, 29, 39, 51 of Wild Life (Protection) Act, 1972 in the Court of J.M.F.C. Learned Court of J.M.F.C. after trial delivered the judgment on 23.3.2018 convicted the applicant under Section 51 of Wile Life (Protection) Act and has been sentenced to undergo rigorous imprisonment for 01 year with fine of Rs. 2,000/- with default stipulation. Being aggrieved by this conviction and judgment passed by the trial Court preferred an appeal registered as a Criminal Appeal No. 73/2018. Learned Appellate Court after hearing both the parties delivered the judgment on 28.03.2019 dismissed the appeal and affirmed the conviction and sentence passed by the trial Court.

(3.) The applicant being aggrieved by the judgment passed by the Appellate Court below filed this petition on the ground that both Court below have not considered the evidence in proper perspective. All witnesses are interested witnesses and concerned to the same department, no independent witnesses have been examined to affirm the allegation levelled against the applicant, conviction and sentence suffers from infirmity and illegality and imposed merely relying on the version of the interested witnesses, therefore, prays to allow this petition and set-aside the acquit the applicant.