DAVINDER SHARMA Vs. STATE OF H P

JUDGEMENT

(1.) Both the aforesaid Criminal Revisions are being disposed of by a common judgment, as, both arise, from, a common verdict rendered, by the learned trial Court.

(2.) Both the aforementioned criminal revisions, stand directed, by the accused/convicts, against, the concurrently recorded verdicts by both the learned courts below, vis-a-vis, a charge framed, for, the commission, of, an offence punishable under Section 51 of the Wild Life Protection Act (hereinafter referred to as the Act), and, the consequent thereto, hence, sentences imposed, upon, them.

(3.) The facts relevant to decide the instant case are that on 7.5.2000, around 8.00 p.m., the police party headed by Durga Dass Sharma, incharge, CIA Solan, along with other police officials was present at Nagali rain shelter in connection with patrolling and was checking the vehicles. It is alleged that at that time a blue coloured vehicle No. HP-16-0405 came from Solan side which was stopped at the spot by Inspector D.D. Sharma and on checking the accused were found sit in the car. It is alleged that on checking the vehicle, a plastic bag was kept in the back seat of the car, which on opening was found to contain three leopard skins of different sizes, regarding which the accused could not produce the permit and then IO seized the leopard skins, bag under memo EX.PW2/A in the presence of witnesses. The IO prepared the rukka and sent it to the police station concerned, on the basis of which FIR borne in Ex.PB came to be registered. The IO prepared the site map as also the statements of the witnesses were recorded. Thereafter police completed all the investigating formalities and arrested the accused.