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2024 Supreme(Gau) 778

ROBIN PHUKAN
Md. Zanab Khan, S/o Md. Siraj Ahmed – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. F. Khan.
For the respondent: Mr. D. Gogoi, Special Public Prosecutor.

JUDGMENT :

Heard Mr. F. Khan, learned counsel for the accused/appellants and Mr. D. Gogoi, learned Special Public Prosecutor for the respondent State of Assam.

2. By this common judgment and order it is proposed to dispose of two criminal appeals, being Criminal Appeal No. 416/2023 and Criminal Appeal No. 417/2023 arising out of the same judgment and order dated 26.09.2023 and 27.09.2023, passed by the learned Special Judge (Wildlife), Karbi Anglong, Diphu in Special (Wildlife) Case No. 11/2022.

3. It to be noted here that vide impugned judgment and order dated 26.09.2023 and 27.09.2023, learned court below has convicted the accused/appellants namely, Md. Zanab Khan and Md. Habibur Rahman under Section 51(1) of the Wild Life (Protection) Act, 1972 and sentenced them to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 50,000/- and in default of payment, to undergo further simple imprisonment for 6 months.

4. The background fact leading to filing of this appeal is adumbrated herein below:-

    “On 12.04.2022, during routine Naka checking, taken up by ASI Jiten Gogoi of Dillai Police Station (P.S.), intercepted one Maruti Suzuki Ecco vehicle, bearing registration No. MN-01-A

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