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1957 Supreme(Mad) 173

SOMASUNDARAM
E. C. Richard – Appellant
Versus
Forest Range Officer, Mettupalayam – Respondent


Advocates:
S. Mohan Kumaramangalam, K. Hariharan and C. Ramanathan, for Petitioner.
The Public Prosecutor (P.S. Kailasam) on behalf of State.

Order

This revision is preferred by the first accused in C.C. No. 2023 of 1956 on the file of the Stationary Sub-Magistrate, Mettupalayam. The present petitioner and five others were put up for trial before the Magistrate for an offence under section 21 (h) of the Madras Forest Act, 1882, read with Rule 7 (1), (2) and (8) of the Game Licence Rules, for having shot a female and an immature male deer without horns within the reserve forest of Mettupalayam range. All the accused were convicted of the offence with which they stood charged and sentenced to pay a fine of Rs. 50 each by the trial Court. In appeal the learned District Magistrate acquitted accused 2 to 6 but confirmed the conviction and sentence of the first accused as he is stated to have shot a female deer and one male deer without horns contrary to the Gaming Rules in the Nilgiris area.

The main evidence against the petitioner consists in the statement made by him to P.W.1, Forest Range Officer who with his party of guards and foresters found the petitioner and others coming in a lorry with the said female and male deer. This statement is Exhibit P-1. It is a confession of his shooting the deer which he should not have sho











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