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2015 Supreme(Bom) 862

C.V.BHADANG
State (Through Range Forest Officer Netrawal Goa) – Appellant
Versus
Francis Masrenhas, (Major) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.R. Rivankar, Public Prosecutor.
For the Respondent:A.V. Pavitran, Advocate.

Judgment :-

1. Admit. The learned Counsel for the respondent waives notice.

2. Heard finally, with consent.

3. By this Revision Application, the State is challenging the judgment and order dated 01/09/2014 passed by the learned Sessions Judge in Criminal Revision Application No.36/2014. By the impugned judgment, the learned Sessions Judge has set aside the order dated 27/03/2014 passed by the learned Judicial Magistrate, First Class at Sanguem in Criminal Case No.14/AOA/2013, by which the learned Magistrate had held that the confessional statement of the respondent, recorded by a Deputy Range Forest Officer is admissible in evidence.

4. The brief facts are that the respondent is the original accused no.1. On 14/11/2010, the respondent was intercepted and detained while driving a Tata Indica Vehicle bearing No. GA-02-S-0788 while he was proceeding from Netravali to Verlem. During the search of the said vehicle, two plastic bags containing meat of a wild boar were recovered. During the course of investigation, it was revealed that the wild boar was hunted by the third accused. A gun used in hunting the wild boar, with three cartridges was recovered from the house of the third accused, d












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