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SHREE CHANDRASHEKHAR
Gura Purty, S/o. Late Joka Purty – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The petitioner seeks interference by this Court with the order of conviction under sections 9, 51 and 52 of the Wild Life (Protection) Act, 1972 and the order of sentence of SI for one year for the aforesaid offence, both dated 8th July 2014, passed in T.R No. 236 of 2014 arising out of C/3 Case No. 59 of 2010, as affirmed by the appellate Court in Criminal Appeal No. 79 of 2014.
2. C/3 Case No. 59 of 2010 was initiated on the basis of the prosecution report submitted by Divisional Forest Officer, Chaibasa. The said prosecution report was based on the enquiry conducted on the information received on 11th December 2010 that some persons at Mohadi Protected Forest had hunted a wild animal. In course of trial, 8 witnesses were examined to support the charge for commission of the aforesaid offence by the petitioner and co-accused Gangaram Laguri.
3. The prosecution case is that on the basis of an information received on 11th December 2010 by Rameshwar Bandia who was posted as Forest Guard a search was conducted on 16th December 2010 during which two nails and one teeth of a leopard were seized from the house of the petitioner in presence of three witnesses. The other accused, h
Unrebutted evidence collected by prosecution appears to be quite enough for holding accused guilty under Section 51 of Wild Life Protection Act, and for that both Courts below have been fully justifi....
The importance of proving possession of the offending meat and the caution needed in basing a conviction on statements made to persons exercising authority over the accused.
The main legal point established in the judgment is the requirement for strict interpretation of criminal statutes and the need to suppress mischief and advance the legislative object. The judgment a....
Appellate courts cannot order retrial solely to enable prosecution to remedy deficiencies their case.
The prosecution must prove crucial evidence, such as seizure memos and expert reports, to support convictions under the Wild Life (Protection) Act, 1972.
Section 50(8) authorises an officer not below rank of Assistant Director of Wild Life Preservation or Assistant Conservator of Forests to receive and record evidence.
The central legal point established in the judgment is the strict requirement of confessions to be recorded by an authorized officer not below a specified rank, as mandated by the Wildlife (Protectio....
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