State of Maharashtra vs Govindsingh s/o. Surjitsingh Thakur

The State of Maharashtra has filed the present appeal

challenging the Judgment of acquittal, in Regular Criminal Case

No.895 of 1998 and Regular Complaint Case No.244 of 2001, by

which all the accused/respondents came to be acquitted of the

offences punishable under Sections 9, 51, 39, 48(a) of the Wild Life

(Protection) Act, 1972, Sections 3 and 4 punishable under Section 25

of the Arms and Explosives Act and Section 429 r/w. 34 of the Indian

Penal Code .

The case of appellant/State, in short, is as under :

In the month of April, 1998, there was series of thefts of

motor pumps of agriculturists and therefore, villagers were keeping

vigil in the night. On 19.4.1998, accused persons had gone to village

Kachurwahi in a jeep bearing registration No.MH-31 G-6648. The

accused were having one rifle, one 375 Magnum gun and one

revolver. When they were moving in the jeep, light of the jeep was

witnessed by the villager namely Krushna Natkar. He came to the

house of Police Patil.

Ramesh Jaiswal (PW-1) disclosed that he found search

light. There may be thief. He informed that dacoits were wandering,

so he should make arrangements in that regard. Ramesh Jaiswal

(PW-1), Police Patil of the village informed police on phone. Some of

the villagers brought accused/respondents with three children and

one Parashram Patil r/o. Hatodi in the jeep to the house of Police

Patil Ramesh Jaiswal. 300-400 people surrounded the said jeep. He

saw three persons and three children and the said jeep. They were in

frightened condition. He took them in his house and provided water

to them. Some villagers took out black buck from the jeep and kept

in the chapari of his house. Said black buck was already dead. There

were injuries on neck and blood was oozing from nose and injuries

on the dead body. Weapons were taken out from the jeep.

Ramesh Jaiswal (PW-1), Police Patil of village

Kachurwahi informed police. Police reached to his house. PSI Dixit

took custody of all the accused persons along with weapons and

dead body of black buck. All the accused persons and dead black

buck were taken to the Police Station. PSI Dixit registered crime

against all the accused. Spot Panchanama etc. was prepared in

presence of Ramesh Jaiswal (PW-1).

Range Forest Officer Abdul Salam Abdul Gaffar (PW18)

approached to the Police Station. Range Forest Officer also started

separate proceedings under POR Exh.143. Forest Department

requested to hand over investigation. One petition was filed before

the High Court. But it was dismissed. The whole case was

investigated by Police department. After complete investigation, filed

the charge sheet before the Judicial Magistrate, First Class, Ramtek.

Charge was framed at Exh.40. Same was read over and

explained to the accused. The accused pleaded not guilty and

claimed to be tried. Defence of the accused/respondents is that they

had gone to village Hatodi. From Khindsi, they were returning. They

were suspected to be thieves and caught by the villagers. The

accused denied of charges about killing of wild life (black buck).

The following witnesses were examined by the

prosecution :

Ramesh Madhavprasad Jaiswal (PW-1) (Exh.86).

Amrut Shyamraoji Natkar (PW-2) (Exh.115).

Laxman Godru Mohankar (PW-3) (Exh.118).

Gulab Dhaniram Wadibhasme (PW-4) (Exh.131).

Madhukar Shamrao Bawankule (PW-5) (Exh.133).

Atul Vishnupanth Salotkar (PW-6) (Exh.142).

Narendra Laxmanrao Sahare (PW-7) (Exh.144).

Radhyshyam Sadhuji Natkar (PW-8) (Exh.148).

Sukhalal Bhikaji Danve (PW-9) (Exh.150).

Sudam Shrawan Dhurve (PW-10)(Exh.151).

Ankush Namdeo Bawankule (PW-11)(Exh.155).

Mahadeo Sadashiv Hatwar (PW-12)(Exh.156).

Krushna Radheshyam Natkar (PW-13) (Exh.157).

Ganpat Raghobaji Deshmukh (PW-14) (Exh.158).

Yogesh Jagatsingh Jaiswal (PW-15)(Exh.159).

Mahadeo Govinda Natkar (PW-16) (Exh.161).

Shrirang Natthuji Natkar (PW-17) (Exh.162).

Abdul Salam Abdul Gaffar (PW-18) (Exh.163).

Namdeo Chintamanrao Jumbhadkar (PW-19)

(Exh.190).

Except Ramesh Jaiswal (PW-1), other witnesses of

village Kachurwahi have not supported the case of prosecution.

Learned Judicial Magistrate, First Class heard

prosecution and defence and came to the conclusion that prosecution

has failed to prove guilt of the accused beyond reasonable doubt.

Therefore, acquitted all the accused/respondents. Being aggrieved by

the Judgment of acquittal, present appeal is filed by the State.

Heard Mr.M.J.Khan, learned A.P.P. for the State. He has

pointed out evidence of Ramesh Jaiswal (PW-1) and submitted that

there is no reason to disbelieve evidence of Ramesh Jaiswal (PW-1)

who was Police Patil of village Kachurwahi. Prosecution has proved

that accused persons killed black buck. They were found in

possession of dead body of black buck. They were also found in

possession of weapons i.e. rifle, gun, magnum revolver etc. Learned

A.P.P. has submitted that the learned trial Court has wrongly

acquitted all the respondents/accused. Therefore, prayed to allow

the appeal and convict the respondents/accused for the offences

charged against them.

Heard Mr.R.P.Joshi, learned Counsel for the

accused/respondents. He has pointed out cross-examination of

Ramesh Jaiswal (PW-1) and evidence of other witnesses. Learned

Counsel has submitted that dead body of black buck was not seized

from the possession of accused persons. Weapons which were seized

were not used. He has pointed out report of Assistant Chemical

Analyser and submitted that bullets were not fired. Seized bullets

from the body of black buck were not fired from the weapons/fire

arms which were seized from the accused persons. At last, it is

submitted that prosecution has failed to prove the guilt of accused

persons for the offences charged against them. Learned Counsel has

submitted that the accused had gone to picnic at Khindsi along with

their children.

Learned Counsel Mr.R.P.Joshi has submitted that there is

no dispute that the accused persons were found in the jeep along

with three children. They were suspected to be thieves and therefore,

villagers caught them. Nothing incriminating is brought on record in

the evidence of material witnesses. All the material witnesses have

not supported the case of prosecution. Hence, respondents/accused

are rightly acquitted by the trial Court. There is no merit in the

appeal. Hence, the appeal is liable to be dismissed.

Perused the evidence on record. Ramesh Jaiswal (PW-1)

has stated in his examination-in-chief that, in the night of incident

i.e. on 19.4.1998, one Krushna Natkar came to his house and told

him that he noticed search light. There might be thief. Being Police

Patil, Ramesh Jaiswal (PW-1) informed to police. After sometime,

villagers brought one jeep. Three accused and three children and

one Parashram Patil, resident of Hatodi were brought in the said

jeep. They were in frightened condition. He provided water etc.

Some villagers kept dead body of black buck in the chapari.

Ramesh Jaiswal (PW-1) informed PSI Dixit. PSI Dixit

reached to the spot, took all the accused in his custody and started

investigation. He has stated in his examination-in-chief that he took

accused persons in confidence. They produced weapons i.e. Rapi,

small axe, kartoos, catridges.

In the cross-examination, Ramesh Jaiswal (PW-1)

supports defence of the accused. Whatever he has stated

incriminating against the accused persons is brought on record as

material omission. He has stated in his cross-examination that on

inquiry accused persons told him that one Mukherjee Babu, resident

of Wathodi was his friend and they came for dinner at his house.

Accused persons were inside the house till police reached his house.

Ramesh Jaiswal (PW-1) has specifically admitted in his

cross-examination as under :

"It is true that I cannot tell exactly the name of person who

brought dead black buck at my house because there was

mob. It is true that after accused persons brought to me by

people, I have not gone to the jeep involved in this matter.

It is true that I have not personally seen when dead black

buck was taken out from the jeep involved in this crime but

people said me that said animal was brought out from the

said jeep."

Ramesh Jaiswal (PW-1) has further admitted that

"Khindsi is a picnic spot. From Khindsi, Ramtek is at distance of 7

kms. and Kachurwahi is at distance of 3 kms. There is a boating

facility at Khindsi in the lake. It is true that Khindsi is forest area. It is

true that there is an agricultural land of about 40-45 acres at Hathodi

village of Mukherjee Babu. It is true that, to reach village Hathodi

from Khindsi, shortest way is available via village Kachurwahi. " He

has further stated that wild boar and wild animals used to damage

the crops and the farmers used to kill wild boar etc. He has further

stated in his cross-examination that accused persons told him at his

house on his inquiry that they came from Khindsi from picnic.

Amrut Natkar (PW-2), Laxman Mohankar (PW-3),Gulab

Wadibhasme (PW-4), Madhukar Bawankule (PW-5), Narendra

Sahare (PW-7), Radheshyam Natkar (PW-8), Sukhalal Danve (PW-

9), Sudam Dhurve (PW-10), Mahadeo Hatwar (PW-12), Krushna

Natkar (PW-13), Ganpat Deshmukh (PW-14), Yogesh Jaiswal (PW-

15), Mahadeo Natkar (PW-16), Shrirang Natkar (PW-17) all have

turned hostile. Nothing is brought in their cross-examination to

support the case of prosecution.

Atul Vishnupath Salotkar (PW-6) has stated that he was

working as Van Rakshak (Forest Guard) at Tangla village, Tq.

Ramtek. He was attached to the Office of Range Forest Officer,

Ramtek in the year 1998. On 20.4.1998, he had registered crime

No.5/98-99 against the accused persons vide POR Exh.143.

Abdul Salam Abdul Gaffar, R.F.O. (PW-18) has stated

that he also made inquiry/investigation parallel to police

investigation. He had filed Writ Petition before the High Court for

transfer of investigation to the Forest Department. But, it was not

allowed. Namdeo Jumbhadkar (PW-19) has stated in his evidence

that he was working as a Police Constable attached to Police

Headquarter, Nagpur. He was attached to Police Station, Ramtek in

the year 1998. He had gone to Government Veterinary hospital.

Dr.Kimatkar had given three bullets in pocket. He deposited same

bullets in Police Station, Ramtek. Seizure panchanama (Exh.191)

was prepared.

Investigating Officer Mr.Dixit was not examined by

prosecution.

Except Ramesh Jaiswal (PW-1), Atul Salotkar (PW-6),

Abdul Salam Abdul Gaffar (PW-18) and Namdeo Jumbhadkar (PW-

19), all other witnesses/villagers have turned hostile. As per the

evidence of Namdeo Jumbhadkar (PW-19), three catridges were

seized. But, report of Chemical Analyser, dt.2.2.2002 which is on

record shows that those bullets were not fired from the arms seized

from the accused persons. Observation of Chemical Analyser is as

under :

"The deformed lead bullets in Exhibit 6B and 6C are not

suitable for comparison as riflings are not available on

these two bullets. "

It is the case of prosecution that the accused persons

hunted black buck by shooting. But there is no evidence to show

that the accused persons killed black buck by using fire arms. Though

Ramesh Jaiswal (PW-1) has stated in his evidence that accused

persons were brought by the villagers, they were in frightened

condition. Some of the villagers brought one skeleton of dead black

buck/deer and kept in his chapari. But his cross-examination shows

that he had not personally seen who brought that dead black buck to

his house. Therefore, there is no evidence to show that dead black

buck was found in the jeep of accused persons.

Evidence of Ramesh Jaiswal (PW-1) shows that being a

Police Patil, he informed to Police about the information given by the

villagers. His admission shows that, on his inquiry, accused persons

disclosed that they had gone for picnic to Khindsi. While they were

returning, villagers obstructed them and brought to his house. It is

pertinent to note that his admission further shows that three accused

and three children were brought to his house. Therefore, it is

possible that they had gone for picnic. There was no need for

accused persons to take their children for hunting.

Admission of Ramesh Jaiswal (PW-1) clearly shows that,

on the say of Forest Department, he was telling that killed animal

was black buck. Material omission is brought on record in his cross-

examination. He has admitted that he could not state who brought

black buck at his house. Therefore, it is clear that evidence of

Ramesh Jaiswal (PW-1) is not sufficient to show that accused

persons were taking dead black buck in his jeep and dead body of

black buck was taken out from the jeep. Other material witnesses

have not supported the case of prosecution. Atul Salotkar (PW-6) has

only stated about registration of crime by the Forest department vide

POR Exh. No.143. Namdeo Jumbhadkar (PW-19) has stated about

seizure panchanama of bullets.

Abdul Salam Abdul Gaffar (PW-18) has stated in his

evidence that he was working as a Range Forest Officer at Ramtek

Forest Range since 27.4.1997 to 10.7.2001. On 19.4.1998, he was

doing patrolling in the shivar of Chor bavali Pavani. On 20.4.1998,

in the morning, he returned to his Office. He received information

that there was hunting of deer in Kachurwahi Shivar. Hunters were

brought to Police Station, Ramtek. Therefore, he went to Police

Station, Ramtek. He requested to hand over investigation, but PSI

Dixit told him to bring order of Court. He has stated that an

application was filed before the Judicial Magistrate, First Class. It

was rejected. Therefore, Writ Petition was filed before the High

Court. It was not allowed. He has stated that he also made inquiry

about hunting of deer. In the cross-examination, Abdul Salam Abdul

Gaffar (PW-18) has stated as under :

"It is true during my investigation period I had been found

one skeleton of black buck. I had brought the said skeleton of

black buck to my office at Ramtek. I do not know at present

where is the said skeleton of black buck. I had not keep any

record of the said skeleton of black buck. I had found the

said skeleton of black buck in the field of one Bavankule at

shivar of village Kachurwahi. "

Specific admission of Abdul Salam Abdul Gaffar (PW-18)

shows that he found skeleton of black buck in the field of Bavankule.

Therefore, the case of prosecution that villagers brought accused

persons with their jeep at the house of Ramesh Jaiswal (PW-1) and

took out dead black buck from the jeep of the accused is falsified.

Prosecution has failed to prove that accused persons in

furtherance of their common intention killed wild animal/black buck

and thereby committed the offences charged against them.

Prosecution has miserably failed to prove any of the charges against

the accused/respondents. Learned trial Court has rightly acquitted

all the accused/respondents. We do not find any merit in the appeal.

Hence, we pass the following order.

// ORDER //

The Criminal Appeal is dismissed.

No order as to costs.

Bail bonds of accused stand cancelled.

The record and proceedings be sent back to the trial Court.