JUDGMENT (COMMON ORAL)

G.R.Udhwani, J.—Aggrieved by the judgment and order passed in Criminal Appeal No.18/1999 confirming the judgment and order passed in Criminal Case No.1887/1991 convicting and sentencing the petitioners for the offences punishable under Sections 9(1), 39(1), 51, 52 and 54(3) of the Wild Life (Protection) Act, 1972 (for short “the Act”), the petitioners are before this Court.

2. Petitioner-Mohammed Hasan Fulame Rasul was the original accused no.1 and petitioner-Sibtehussain Gulam E. Abbas was the original accused no.2 (hereinafter referred to as “accused nos.1 and 2”, respectively).

3. As per the prosecution case, accused nos.1 and 2 committed the offence in question on 17.01.1989 in the evening in the jungles of Dhareswar Village. A black deer is alleged to have been gunned down by the accused persons. Forest Guard-Bhagwanbhai Rambhai and Beat Guard-Rukhadbhai Gorakbhai approached the scene of offence on hearing the gunshot and found both the accused standing near the deer which, according to the witness still had some life. Accused no.2 was found with licenced gun accompanied by accused no.1. It is the prosecution case that witness-Rukhad suspected the accuse