JUDGMENT :

Mr. D. Dash, J. - The State in this appeal has called in question the order of acquittal passed by the learned Sub-Divisional Judicial Magistrate, Udala in 2(b) C.C. Case No.13 of 1991 (Trial Case No.536 of 1991) acquitting the respondents of the charge under section 51 of the Wild Life (Protection) Act.

2. The case of the prosecution is that on 15.03.1991 some villagers of Patsanipur, Ambikadeipur, Dengam entered into the Similipal Sanctuary for poaching wild animals. So, under the leadership of Forest Range Officer, Udala, a party comprising of other forest officials went to Jenabil forest area hill side of the sanctuary and way laid there. It was around 5.30 A.M. they saw a large number of poachers coming down the hill. So, there was a chase from all sides when those poachers rushed inside the dense forest at random. With much difficulty the respondents were only apprehended and they were found to be carrying a freshly cut left fore limb of a wild Bore by means of a bahangi resting on their shoulders. They were arrested at the spot and seizure of the materials carried by them was made along with two bows and four arrows. They were found to have killed a wild Bore from i