TILOK BAHADUR RAI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS is a Criminal Revision application under Regulation No. 28 of the Assam Frontier (Administration of Justice) Regulation, 1945, against the judgment dated 24 -6 -1976 passed by the Deputy Commissioner, Tirap District, Khonsa in case No. G.R. 10 of 1976 convicting the accused under Section 51(1) of Wild Life Protection Act, 1972, (hereinafter referred to as 'the Act') and sentencing him to simple imprisonment for 6 months.

(2.) THE facts of the case are, that in the evening of 8th of May, 1975 a tiger was shot dead by Sepoy Tilok Bahadur Rai at about 5.30 p. m. at Changlai Camp while on sentry duty. The accused, prior to shooting, informed the Guard Commander about the presence of the tiger and the Commander instructed that 2/3 rounds might be fired into the air to scare it away, but while this was being done the tiger, instead of fleeing, charged at the accused who fired two shots at it, one hitting the left shoulder blade and the other in the chest, and so hit, the tiger jumped and fell dead few yards away.

(3.) THE Deputy Commissioner, Tirap District, Khonsa suo motu prosecuted the accused under Section 9(1) of the Act, and at the trial after examination of the witnesses he observed: Considering the above mentioned facts and different discrepancies that have come into this and various cover ups that have been attempted, I have no doubt in my mind that the tiger had been shot intentionally by Sepoy Tilok Bahadur Rai. Unfortunately because of the lackadaisical approach of the prosecution the connection between the officers of 7 AR and the men on sentry duty could not be established. Sepoy Tilok Bahadur Rai is sentenced to 6 (six) months simple imprisonment under Section 51(1) of the Wild Life Protection Act. Hence, this application.