JUDGMENT :

1. Heard.

2. ADMIT. Taken up for disposal forthwith with the consent of learned Advocates for the parties.

3. These revision applications arise out of the judgment and order dated 17.06.2023 passed by the learned Additional Session Judge, Gadchiroli and therefore, the same are being disposed of by the common judgment. Learned Additional Sessions Judge by the impugned judgment and order dated 17.06.2023 dismissed the appeals filed by the applicants/accused against their conviction and sentence awarded by the learned Chief Judicial Magistrate, Gadchiroli for the offence punishable under Section 9 read with Section 51 of the Wild Life (Protection) Act, 1972 (For short ‘Act of 1972’). Learned Chief Judicial Magistrate, Gadchiroli vide judgment and order dated 04.09.2018 had convicted the accused and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- each and in default to suffer further simple imprisonment for one month.

4. Background facts:

The case was registered against the accused on the basis of the complaint filed by PW-1 Mr. Mohan Naikwade, the then Assistant Conservator of Forest, Gadchiroli. The case of the Forest Department against the accused can be unfolded from the complaint. It is stated that on 20.01.2014, PW-1 Mr. Naikwade had received an information from the secret informer about the possession of the Leopard skin by some persons at village Chamorshi. On the basis of this information, the necessary preparation was made for laying the trap and to nab the offenders. PW-6 and the informer were assigned the role of decoy customers. As decided, PW-6 Sachin Dombale and informer used a private TATA Sumo vehicle. PW-1 Mr. Naikwade and other forest officers and members of raiding party used the Government Vehicle. The informer established the contact, on phone, with accused No.3-Kuldip Chaudhari, being a decoy customer. Accused No. 3 agreed to sell the Leopard skin to them and promised to meet them. He met them on the way after deliberation with PW-6 and informer. He sat in their vehicle and made a phone call to his companion Pandit Meshram and apprised him about the sell of the skin to the decoy customer. Kuldip Chaudhari, accordingly directed Pandit Meshram to bring the skin. In the meantime, PW-6 apprised Mr. Naikwade (PW-1) about these developments and instructed them to follow their vehicle. On instructions of Kuldip, the accused Nos. 1 and 2 came on motorcycle bearing registration No.MH-33/K1162, with the Leopard skin. PW-6 and the informer wanted to see the skin, however accused Shridhar was reluctant to show the skin to them in open. He boarded their vehicle. The deal for sell of the skin was settled. PW-6 informed them that he had no money and for the purpose of completion of transaction they would have to accompany them at Chamorshi Bus Stand. Accordingly, they went to Chamorshi Bus Stand. In the meantime, PW-6 called PW-1 and apprised him about the development and told him to follow their vehicle and come to Chamorshi Bus Stand. It is stated that when the TATA Sumo Vehicle came near Chamorshi Bus Stand, Mr. Naikwade and his team members surrounded the vehicle. They apprehended the accused with the Leopard skin. The Leopard skin was seized in presence of two panchas. The accused Vinod who was following the TATA Sumo Jeep ran away from the spot. Later on he was apprehended.

5. The accused were brought to the office of PW-1 Mr. Naikwade at Gadchiroli. Accused Kuldip during the course of interrogation provided them further information, which lead to the arrest of the remaining accused. In the case, in all ten accused were arrested. Their statements were recorded. The sample of the Leopard skin was drawn. It was packed, labeled and sealed. It was sent to Center for Cellular and Molecular Biology, Hyderabad for analysis. On analysis, PW-8 Dr. Ajay Gaur opined that it was a skin of Leopard-scientific name Panthera Pardus. After completion of the investigation, the compl