SALMAN KHAN AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The criminal revision petition under Sec. 397 read with Sec. 401 of the Crimial P.C. is preferred by petitioner-Salman Khan against the judgment dated 24.08.2007 passed by Sessions Judge, Jodhpur in Criminal Appeal No. 50/2006, whereby, the appeal of the petitioner was dismissed and the order of conviction and sentence passed by the Chief Judicial Magistrate, Jodhpur vide judgment dated 10.04.2006 in Criminal Case No. 206/1999 was affirmed. The Chief Judicial Magistrate convicted and sentenced the petitioner for the offence under Sec. 51 of the Wild Life (Protection) Act to undergo 5 years' simple imprisonment along with fine of Rs. 25,000.00 and in default of payment of fine to further undergo 3 months simple imprisonment.

(2.) The State has filed appeal under Sec. 378(iii) and (i) of the Crimial P.C. against the same judgment dated 24.08.2007 passed by Sessions Judge, Jodhpur in Criminal Appeal No. 72/2006, vide which, he has set aside the judgment dated 10.04.2006 passed by the Chief Judicial Magistrate convicting and sentencing the respondent-Gordhan Singh for offence under Section 51 read with Sec. 52 of the Wild Life (Protection) Act in Criminal Case No. 206/1999 and thereby acquitting Gordhan Singh of the alleged offence.

(3.) At the first instance, it is necessary to look into the circumstances which led to the registration of the FIR in the present case. On 02.10.1998, an FIR No. 93(26) of 1998 came to be registered with the Forest Department, Jodhpur for the incident of hunting of a black buck, which had taken place on intervening night of 01.10.1998 and 02.10.1998. During the investigation of this FIR, one Harish Dulani informed the Forest Department that dears were also hunted down by some persons just a few days ago on 26.09.1998 and 28.09.1998. On the basis of the said information, Lalit Kumar Bora (PW-34), the then Wild Life Conservator, Jodhpur sent a written complaint to the Additional Superintendent of Police, Jodhpur bringing to the notice that as per the statement of Harish Dulani recorded on 02.10.1998, Salman Khan along with others had indulged in illegal hunting of deers on 26.09.1998 and on 28.09.1998 in the vicinity of village Mathania about 7 kilometers away from Ghoda Farm. On the basis of the said complaint sent by Lalit Kumar Bora (PW-34), two more FIRs came to be registered: (i) FIR No. 162/1998 dated 11.10.1998 at P.S. Mathania, Jodhpur for hunting of a deer on 26.09.1998 (Criminal Case No. 207/1999) and (ii) 163/1998 dated 11.10.1998 at P.S. Mathania, Jodhpur for killing another deer on 28.09.1998 (Criminal Case No. 206/1999). For the incident of hunting which took place on 26.09.1998 and pertains to FIR No. 162/1998, Salman Khan was convicted for the offence under Sec. 51 of the Wild Life Protection Act to undergo one year's simple imprisonment. He preferred an appeal before the Sessions Judge, Jodhpur, which was transferred to the High Court and was heard by this Court as S.B. Criminal Appeal No. 53/2012. By a separate order and judgment of even date, the said appeal of Salman Khan stands allowed and he is acquitted of tire offence.