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IN THE HIGH COURT OF RAJASTHAN
Nirmaljit Kaur, J.
Salman Khan and Ors. - Appellants
Versus
State of Rajasthan and Ors. - Respondents
Criminal Appeal Nos. 53 of 2012; 685 of 2006 & 267 of 2007
Decided On : 25-07-2016
Indian Penal Code, 1860 – Sections 143, 144, 148, 201, 149 and 147 – Criminal Procedure Code, 1973 – Section 164 – Wild Life Protection Act – Sections 9, 39, 51, 52 –Arms Act –Section 27 – Prosecution –Investigating Agency – Immense Pressure – Learned Senior Advocate assisted by learned counsel for accused while dealing with each of evidence very minutely, which shall be dealt with in later part of judgment submitted that accused-Salman Khan has been falsely – No deer was hunted on said is only a victim of circumstances and hype created by a false rumour having been spread and thereafter in their desperate attempt to pacify public created multiple criminal cases of alleged hunting and again intervening night evidence was collected during investigation of FIR – But it has been used against accused in three separate cases – Held, Responsibility on court to ensure that there is dispassionate measurement of law and facts, free from any kind of influence pressure threat or fear. As noticed above, over here as many as three FIRs were registered on basis of one statement of witness alleged eyewitness Harish Dulani was neither examined nor cross-examined – During trial in pursuance to the present FIR, he did not even appear in witness box to record his statement as prosecution witness Arun Kumar Yadav, Harish Dulani did not accompany the accused as told to him by Harish Dulani himself giving rise to the suspicion as to whether he was an eyewitness at prosecution to prove case only on circumstantial evidence all incriminating facts and circumstances should be fully established by cogent and reliable evidence must show and lead only to one conclusion that only accused person and none other committed crime whereas in present case – Appeal allowed.
Nirmaljit Kaur, J.
Before starting to write the judgment, it is important to note that three separate cases were registered for three different alleged incidents supposed to have occurred between a period of six days:-
(i) FIR No. 162/1998 was registered at Police Station Mathania, Jodhpur on 11.10.1998 for incident of hunting a deer, which allegedly took place on 26.09.1998 (Criminal Case No. 207/1999);
(ii) FIR No. 163/1998 was also registered on 11.10.1998 at Police Station Mathania for the offence of allegedly killing another deer on 28.09.1998 (Criminal Case No. 206/1999); and
(iii) FIR No. 93(26) of 1998 was registered with the Forest Department on 02.10.1998 for the incident of hunting, which allegedly took place on the intervening night of 01.10.1998 and 02.10.1998, for which, the trial is still going on (Criminal Case No. 66/2011).
2. For the incident of hunting, which is alleged to have taken place on 26.09.1998 and pertains to FIR No. 162/1998, accused-Salman Khan has been convicted for the offence under Section 51 of the Wild Life Protection Act and sentenced to undergo one year's simple imprisonment along with fine of Rs. 5000/- vide judgment and order dated 17.02.2006 passed by Chief Judicial Magistrate, Jodhpur. He preferred an appeal against the said conviction before the Sessions Judge, Jodhpur, which was subsequently transferred to the High Court and presently heard by this Court now as S.B. Criminal Appeal No. 53/2012 titled as "Salman Khan v. State of Rajasthan". The State of Rajasthan, too, has preferred an appeal for enhancement of the sentence of one year awarded to the accused-Salman Khan by the Chief Judicial Magistrate, Jodhpur which is now registered as S.B. Criminal Appeal No. 267/2006. Another appeal has been filed by the State of Rajasthan against the acquittal of the co-accused as well as acquittal of accused-Salman Khan under Sections 143, 144, 148, 201, 149 of the IPC, which is registered as S.B. Criminal Appeal No. 685/2006.
3. In the second case, i.e. Criminal Case No. 206/1999, Accused-Salman Khan has further been convicted for five years for the alleged hunting of deer on 28.09.1998. The appeal preferred before the Sessions Court, too, was dismissed and now, the revision against the conviction S.B. Criminal Revision Petition No. 905/2007 is also being heard and shall be decided by a separate order. Along with the same, an appeal against the acquittal of co-accused Gordhan Singh S/o Madho Singh is also pending, which too is being decided along with S.B. Criminal Revision Petition No. 905/2007.
4. The trial in Criminal Case No. 68/2011 under the Arms Act pertaining to FIR No. 180/1998 dated 15.10.1998 registered at Police Station Luni, is still pending.
5. As stated above, FIR No. 93(26) of 1998 was registered for the alleged hunting, which took place on the intervening night of 01.10.1998 and 02.10.1998, by the Forest Department on 02.10.1998. During the investigation of this FIR, one Harish Dulani informed the Forest Department that a few days ago on 26.09.1998 as well as on 28.09.1998, deers were hunted by some persons. However, in spite of the alleged information having come to their knowledge on 02.10.1998 itself, the FIR No. 162/1998 for offence under Sections 147, 148, 149 of the IPC, Sections 9, 39, 51, 52 of the Wild Life Protection Act and Section 27 of the Arms Act was registered at Police Station Mathania against all the accused mentioned therein as late as on 11.10.1998 on the basis of the complaint (Exh. P/3) filed by Lalit Kumar Bora, the then Wild Life Conservator, Jodhpur (PW-2) before the Additional Superintendent of Police, Jodhpur. As per the said complaint, information about the hunting on 26.09.1998 was disclosed to them by Harish Dulani on 02.10.1998 during the investigation of FIR No. 93(26) of 1998 that on 26.09.1998, Salman Khan, Satish Shah, Yashpal Singh, Mahendra Bhati, Kuldeep Choudhary and Mahendra Pal Singh @ Raju Banna indulged in the illegal hunting of the
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