Case No. – 415/2007
PUNJAB-HARYANA HIGH COURT
BENCH: Hon’ble Mr. M.M. S. Bedi J.
DATE OF JUDGEMENT: 19 March 2014
RELEVANT ACTS/SECTIONS:
Section 2 of the wildlife protection act 1972 (Destroying or taking any body part of any animal)
Section 9 of the wildlife protection act 1972 (Prohibition for hunting)
Section 51 of the wildlife protection act 1972 (Penalties)
BACKSTORY
In this case, the complaint was given. Y Rajinder Prashad Inspector of wildlife, Sirsa. It stated that when he and Balbir Singh, wildlife guard was going to kalanwali from Rori village on the motorcycle. At 4:00 pm they reached the villages are Faggu and Kurgawali, they saw the petitioner Bail Nath was hunting wild animals and he was with four hunting dogs. They found that three lathis and four wild cats were dead, in that two were desert cats and the other two were wild cats. They produced the dead animals to the SHO. Then the FIR was registered and sub-inspector Zile Singh inspected the spot where this incident has happened, he recorded the statement of the witness, he also interrogated the petitioner and conducted the post mortem examination on the dead cats.
Then when the investigation was completed, challan was given against the petitioner. And the charges were filed against him U/S 51 of wildlife protection act 1972. The petitioner was pleaded not guilty claimed the trail. Learned counsel for the petitioner (Anjal Gupta) dated. 26-03-2014 she said that the case committed was not related to animals specified in schedule 1 and schedule 2 as such, minimum sentence of one year can’t be applicable and U/S 51, the petitioner should be granted the concession of probation. She said that she deems it appropriate to grant the concession of probation to the petitioner as he was facing trial for the past twelve years.
JUDGEMENT
On 05-09-2006, the petitioner has been sentenced for one and a half years imprisonment with a fine of Rs500/-. And has been said if the petitioner is not giving the fine, then it will increase the imprisonment for three more months. Then the case was appealed again dated 26-03-2014, so the chief judicial, magistrate, Kurukshetra said that the petitioner will be released on probation for his good conduct for one year, and he was released on probation for two months with sureties.