Crl.R.C.No.399 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Orders Reserved on

: 28.09.2022

Orders Pronounced on : 24.01.2023

Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Criminal Revision Case.399 of 2021

and

Criminal Miscellaneous Petition.No.6416 of 2021

1.Chandran

2.Thambi @ Rajkumar

3.Shiabu

... Petitioners

Vs.

The State represented by

The Forest Range Officer,

Gudalur Range.

... Respondent

Prayer: Criminal Revision filed under Section 397 and 401 of Criminal

Procedure Code, praying to set aside the Judgment dated 02.03.2021 in

C.A.No.122 of 2017 on the file of the learned Sessions Judge, Magalir

Neethimandram (Fast Track Mahila Court), Udhagamandalam, Nilgiris

confirming the Judgment dated 24.05.2017 in C.C.No.103 of 2010 on the

file of the District Munsif cum Judicial Magistrate Court at Gudalur and

acquit the accused in the interests of Justice.

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Crl.R.C.No.399 of 2021

For Petitioners

: Mr.Bijesh Thomas

For Respondent

: Mr.S.Sugendran

Additional Public Prosecutor

****

ORDER

This Criminal Revision case has been filed to set aside the Judgment

dated 02.03.2021 in Crl.A.No.122 of 2017, on the file of the learned

Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court),

Udhagamandalam, Nilgiris, confirming the Judgment dated 24.05.2017 in

C.C.No.103 of 2010, on the file of the District Munsif cum Judicial

Magistrate Court at Gudalur and acquit the accused in the interest of Justice.

2. The respondent herein filed a case in O.R.No.5 of 2009 for the

offences under Section 21(f) of Tamil Nadu Forest Act, 1972 and Sections 8,

9, 16, 31, 39(1)(2), 50 read with 51(1) of Wild Life Protection Act, 1972.

After completing the investigation, the respondent/Police have filed the

charge sheet before learned Judicial Magistrate, Gudalur. The learned

Magistrate, Gudalur had taken the charge sheet on file in CC.No.103 of

2010. After trial, the trial Court found the petitioners guilty of the offences

under Section 9 read with Section 51(1) of the the Wild Life Protection Act,

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Crl.R.C.No.399 of 2021

1972 and convicted and sentenced the accused to undergo three years of

rigorous imprisonment and pay fine of Rs.10,000/-, in default to undergo

two months simple imprisonment.

3. Aggrieved by the same, the petitioners herein filed an appeal in

Crl.A.No.122 of 2017 before the learned Sessions Judge, Nilgiris and the

same was made over to the learned Sessions Judge, Magalir Neethimandram

(Fast Track Mahila Court), Udhagamandalam, Nilgiris against the Judgment

passed on 24.05.2017 in M.C.No.22 of 2012. After hearing the appeal, the

learned Sessions Judge dismissed the appeal and confirmed the Judgment of

conviction and sentence passed by the learned Magistrate.

4. Challenging the same, the present revision has been filed before

this Court.

5. The case of the prosecution is that the forest officials went to

Cherumulli for raid and upon enquiry, they came to know that a Bison head,

skin and hunting gun have been buried at Kurumbar Pettai near a pond at

Doctorkadu. The forest officials went to the said place, dug the earth and

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Crl.R.C.No.399 of 2021

recovered the above articles under a recovery mahazer. They obtained

confession statement of A1 and A3 and recovered cooked Bison from the

house of A3 based on his confession. The material objects were produced

before PW5 Veterinary Doctor and subsequently, upon his instructions, the

material objects of Bison were buried under the Earth. The gun was

remanded before the Court. After investigation, PW4 laid the charge sheet

before the learned Judicial Magistrate and the case was taken on file and

after conducting the trial, the accused convicted the petitioners.

6. The learned counsel for the petitioners submitted that PW4 is not a

competent autho