(1.) The four petitioners have been convicted under S.51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for three months by the trial court. On appeal the same has been confirmed by the lower appellate court which the petitioners have challenged in this application.
(2.) The facts which led to the filing of this application, in short, are these : One Byas Singh, Wild Life Warden in Palamau National Park, submitted a forwarding report on 28-12-1974 to the Sub-Divisional Judicial Magistrate Latehar alleging, inter alia, that while he along with the staff was on patrolling duty in Betla Reserved Forest, he heard a sound of gun shot. When the patrolling party reached the junction of road Nos.2 and 5 they heard some sound of talking of some persons and there they saw that a Bison was lying dead and petitioner 4, Father Chako, was standing with a gun and other petitioners were skinning the dead animal. The patrolling party could catch only petitioner 1 to 3 and it was alleged that petitioner No.4 could manage to escape.
(3.) The complainant, Byas Singh, prepared a seizure list on the spot and arrested petitioners 1 to 3. Thereafter a complaint was filed on the basis of which the Sub-divisional Judicial Magistrate, Latehar took cognizance against the petitioners and they were put on trial. The petitioners were charged under S.51 of the Act and the learned Sub-Divisional Judicial Magistrate, after considering the evidence adduced on behalf of the petitioners, convicted them under S.51 of the Act and sentenced as stated above.