ORDER :

(Prayer in Crl.R.C.No.1175 of 2015: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C., to set aside the conviction imposed in judgment dated 29.10.2015 made in Crl.A.No.72 of 2014 on the file of the III Additional District Sessions Court, Gobichettipalayam confirming the conviction order dated 14.10.2014 made in C.C.No.160 of 2010 on the file of the Judicial Magistrate, Sathyamangalam.

Crl.R.C.No.1301 of 2015: Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C., to set aside the order passed by the III Additional District and Session Judge, Gobichettipalayam in Crl.A.No.78 of 2014 dated 29.10.2015, in confirming the judgment, conviction passed in C.C.No.160 of 2010 dated 14.10.2014 by the Judicial Magistrate Court, Sathyamangalam.)

1. This Court, earlier reserved orders in these revision petitions on 27.08.2021 and subsequently they were listed under the caption ‘For being spoken to’ on 04.10.2021 and orders were finally reserved on 04.10.2021.

2. The first accused preferred the Crl.R.C.No.1301 of 2015 while the second accused preferred Crl.R.C.No.1175 of 2015.

3. Crl.R.C.No.1175 of 2015 has been filed against the order dated 29.10.2015 made in Crl.A.No.72 of 2014 on the file of the III Additional District Sessions Court, Gobichettipalayam, confirming the conviction order dated 14.10.2014 made in C.C.No.160 of 2010 on the file of the Judicial Magistrate, Sathyamangalam sentencing him to undergo 2 years Rigorous Imprisonment and to pay fine of Rs.1,000/- in default to undergo imprisonment for three months for the offence under Chapter V Sections 39(1)(b)(d), 39(2), 39(3) and 44(1)(a) of Tamil Nadu Wild Life Protection Act, 1972.

4. The respondent -Range Officer, Forest Range office, Bhavanaisagar filed a private complaint in O.R.No.6 of 2010 before the learned Judicial Magistrate, Sathyamangalam, which was taken on file as C.C.No.160 of 2010. The complaint came to be registered on 05.06.2010 for offences under Section 39(1)(b)(d), 39(2), 39(3)(a) and 44(1)(a) of Wild Life Protection Act, 1972, read with Schedule V, by the respondent for the offences committed on 05.06.2010, on the allegation that the petitioners along with co-accused, have travelled to a protected forest in a Suzuki Fiero. On a sudden confinement of the accused, it was contended that the de-facto complainant was able to see that there was a hide of Leopard found in the yellow bag.

5. The brief history in the filing of the above case are as under:-

The petitioners were charged for the above offences and a Criminal Case was taken on file by the learned Judicial Magistrate Court in C.C.No.160 of 2010 and based on the examination of witnesses, the petitioner and co-accused were imposed with sentence of punishment on 29.08.2015, by imposing a punishment as under Sections 39(1)(b)(d), 39(2), 39(3)(a) and 44(1)(a) of Wild Life Protection Act, 1972 to undergo two years Rigorous Imprisonment and to pay a fine of Rs.1,000/-

6. Challenging the above sentence passed by the Judicial Magistrate Court, Sathyamangalam, in C.C.No.160 of 2010 dated 14.10.2014, the petitioner/A1 filed a Appeal in Crl.A.No.78 of 2014 and A2 filed appeal in Crl.A.No.72 of 2014 before the III Additional District and Session Judge, Gobichettipalayam. The Appellate Court dismissed the appeals vide its order dated 29.10.2015 in the said Crl.As.

7. Criminal Revision Petitions are filed against the order passed by the learned III Additional District and Session Judge, Gobichettipalayam in Crl.A.No.78 of 2014 dated 29.08.2015, in confirming the judgment, conviction passed in C.C.No.160 of 2010 dated 14.10.2014 by the Judicial Magistrate Court, Sathyamangalam as stated above.

8. Against the order of conviction passed in Crl.C.C.No. the first accused preferred Crl.A.No.78/2014, while the second accused preferred Crl.A.No.72 of 2014 and on 29.10.2015, by a separate judgment, both appeals were dismissed and hence these revisions petitions are separately filed by both the accused.

9