LAWS(GAU)-2008-6-82

RAJESH TERON AND OTHERS Vs. STATE OF ASSAM

Decided On June 25, 2008
Rajesh Teron And Others Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) By the judgment and order, dated 28.2.2008, passed in Criminal Appeal No. 24 of 2005, the learned Additional Sessions Judge, Kamrup, has upheld the judgment and order, dated 10.2.2005, passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati, in Case No. 2303c/2002, convicting the accused-petitioners under section 51 of the Wildlife Protection Act, 1972 (in short, the Act) and sentencing each of them to undergo simple imprisonment for a period of one month with fine of Rs. 500 and, in default of payment of fine, suffer simple imprisonment for a further period of seven days. Dissatisfied with their conviction and the sentences passed against them, the petitioners have, now, come to this Court with the help of this revision.

(2.) I have heard Mr. D. Bhattacharjee, learned counsel for the accused-petitioners, and Mr. B.S. Singh, learned Additional Public Prosecutor, Assam.

(3.) The case of the prosecution, as unfolded at the trial, may in brief, be described thus: On 22.3.2003, when some forest personnel reached Hatimuria Village of Patharkuchi region, they found 25 persons, present there, involved in the process of cutting a Samber deer into pieces and sharing its meat. These pieces of meat of Samber deer were seized, the persons, involved in the acts of cutting of the pieces of meat, were taken into custody and, on completion of investigation, a complaint was, under section 51 of the Act, lodged by the appropriate authority against the said 25 persons as accused.