PRADEEP KUMAR HALDER Vs. STATE

JUDGEMENT

(1.) This is a revisional application challenging an appellate order of conviction and sentence dtd. 29/12/2023 passed in an appeal preferred by the petitioner being Criminal Appeal No.7 of 2023 by the learned Additional Sessions Judge at Mayabunder thereby affirming the Trial Court's Judgment dtd. 23/3/2022 passed in CR Case No.15 of 2014 convicting the petitioner-accused and another to suffer simple imprisonment for a term of 3 years for each of the offences along with the fine of Rs.30,000.00 to be paid by each of the convicts punishable under Ss. 9, 39(3) and 40 (2) of the Wildlife Protection Act, 1972, the sentences having to run simultaneously.

(2.) A complaint case was filed before the learned Chief Judicial Magistrate at Mayabunder under Ss. 2,9, 39(3), 50, 51 and 40 (2) of the Wildlife Protection Act, 1972 with the allegations that on 1/12/2013 at about 3.20 hours the Range Officer, Bakultala received a secret information about illegal hunting, possession and illegal trading of Wildlife Scheduled Species at Tikka Dera. The Range Officer along with team rushed to the house of the petitioner with search warrant and made search in presence of the independent witnesses. The team found Andaman Wild Pig Meat (2 kgs approximately) in stainless steel basin, plastic hunting traps, remaining ropes for making traps, a wooden piece for meat chopping and a ballam. Seizure was made and the accused was arrested. After a purported investigation, the complaint was filed.

(3.) In the course of trial, the prosecution examined 8 witnesses. PW-1 was the Ranger Officer who conducted the raid. PW-2 was the Forest Guard and was a raiding party member. PW-3 was the another raiding party member who was also a Mazdoor under the Forest Department. PW-4 was only the real independent witness, being the Panchayat Ward Member. PW-5 was the Investigating Officer of the case. PW-6 was the Veterinary Doctor, who examined the meat. PW-7 was the Ranger who made the complaint. PW-8 was the Scientist, who made the report regarding the meat in question.