In two revisions, the High Court dismissed challenges against conviction for wild life offence under Section 51(1) of 1972 Act but modified the sentence from three years to one year rigorous imprisonment for all petitioners.
Conviction upheld; sentence reduced from three years rigorous imprisonment to one year rigorous imprisonment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRR-3967-2017
-1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Fakaria and another ..... Petitioners Versus State of Haryana ..... Respondents 2. CRR-3977-2017 (O&M) Satbir ..... Petitioner Versus State of Haryana ..... Respondents
Reserved on: 31.10.2017 Pronounced on : 02.12.2017
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
PRESENT: Mr. Rakesh Nagpal, Advocate for the petitioner.
RAMENDRA JAIN, J.
Rishu Kataria 2017.12.05 16:31 I attest to the accuracy and authenticity of this document
CRR-3967-2017 -2-
(O&M). According to the prosecution story, around 2.30 P.M. on 06.06.2010, Madan Lal Wild Life Guard, Siwan along with his colleague Om Parkash, while patrolling in the area of Polar Drain, apprehended the petitioners carrying a plastic bag containing 13 yellow monitor lizards and digging instruments, like spade etc. Accordingly, after completion of investigation, a final report under Section 173(2) Cr.P.C. for commission of offence under Section 51(1) of the 1972 Act for contravening the provisions of Section 39 of the 1972 Act was filed in Court against the petitioners and they were charge-sheeted as such.
Rishu Kataria 2017.12.05 16:31 I attest to the accuracy and authenticity of this document
CRR-3967-2017
-3-
be put in danger for such a long time. It has never been the case of the
Rishu Kataria 2017.12.05 16:31 I attest to the accuracy and authenticity of this document
CRR-3967-2017 -4-
defence that 13 yellow monitor lizards were not recovered from the possession of the accused-petitioners. Even at the time of framing of charge, no such point was raised that Lizards were not recovered from the petitioners. All the arguments noted above raised by learned counsel for the petitioners have been dealt with elaborately by both the Courts below giving sound reasoning therein and, thus, do not call for interference.
Rishu Kataria 2017.12.05 16:31 I attest to the accuracy and authenticity of this document
CRR-3967-2017
-5-
year rigorous imprisonment qua all the three petitioners, namely; Fakaria,
Balbir and Satbir.
December 2nd , 2017 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No
Rishu Kataria 2017.12.05 16:31 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether the revision by the petitioners against conviction and sentence should be allowed.
Whether the sentence imposed should be modified due to protracted trial.
2 provisions across 1 enactments
Fakaria and another
State of Haryana
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
