Back
RAVINDRA MAITHANI
Shyam Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this revision is made to the following:-
(ii) The judgment and order dated 09.04.2009, passed in Criminal Appeal No.10 of 2007, Shyam Singh vs. State, by the court of Sessions Judge, Bageshwar (for short, “the appeal”). By which the order dated 29-08-2007, passed in the case has been confirmed.
2. The facts necessary to appreciate the controversy briefly stated as follows. PW1 Kamla Devi gave a report on 05.04.2004 to the Sub Divisional Magistrate alleging therein that the dog of the revisionist was killed by a leopard. Aggrieved by it, the revisionist poisoned the corpus of the dog, the leopard consumed it and died. Thereafter, the revisionist removed the skin of the leopard and kept it in his house. Based on the report, according to the prosecution
The central legal point established in the judgment is the requirement for concrete evidence and forensic examination to support convictions under the Wild Life (Protection) Act.
Revisional court acquitted accused in face of concurrent convictions, holding lower courts perversely overlooked prosecution doubts from witness contradictions, enmity, suspect recovery and accused's....
The prosecution must provide clear evidence of the location and nature of the alleged offenses under the Wild Life (Protection) Act to secure a conviction.
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 court established that probation can be granted under the Probation of Offenders Act, 1958, for offenders with no prior criminal history and good conduct, even in cases involving wildlife protect....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
