STATE OF H P Vs. JAI SINGH

JUDGEMENT

(1.) THE State has challenged the acquittal of the respondent for the offences punishable under Section 51 of the wild Life (Protection) Act. 1972 and Sections 25 and 27 of the Arms Act, 1959 read with section 34 of the Indian Penal Code.

(2.) IN nutshell, the case of the prosecution can be stated thus. PW-1 Ram Dayal, is the Pradhan of Gram panchayat, Dehra. According to him, on 17-3-1993, he had come to village 'dhar' to inspect the construction work of the School in the morning at 10 a. m. It is alleged that dw-1 Kheti Ram informed him that some poachers had been indiscriminately shooting the wild animals in the Jungle since the previous day i. e. , from the morning of 16th march, 1993. On this, Ram Dayal aforesaid went to village 'kunda' and informed the villagers about the happening.

(3.) AS per the case of the prosecution, said Shri Ram Dayal, in order to find out as to who were the hunters, poaching in the forest associated Narad Ram, Kishan gurdayal (PW-3) Bhagi, Sh. Rupoo, Sh. Damodar, Sh. Chatter, Sh. Tej Singh, Sh. Kakhu, Sh. Deed PW-2 Sh. Bhagat Ram and proceeded towards Gadhalla forest. When they reached near the 'gharat' of Bhagi Ram on the bank of the river, they found the skined off female animal lying nearby. The accused Devi Singh (A-4) was cooking meal inside the 'gharat'. The complainant party also found a 12 bore gun lying there which was not bearing any number.