N MURALI KUMAR ALIAS VETTAIKARAN MURALIKUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner is the first accused in C.C.No.82 of 1987 on the file of the Chief Judicial Magistrate, Coimbatore. THE trial Magistrate has framed charges against the petitioner for offences under Secs.49 and 52 of the Wild Life (Protection) Act, 1972, hereinafter referred to as �the Act� punishable under Sec.51 of the Act.

(2.) THE brief facts which led to the prosecution can be summarised as hereunder: It appears that on 4.7.1986 a corpse of an elephant was found in Jahirporathi in Bolampatti Range of Mullangadu Reserve Forest Area. On receipt of information the respondent investigated the matter and it disclosed that the occurrence in which the elephant was shot took place on 16.6.1986. THE second accused Mottai Mooppan was arrested on 1.8.1986 and he volunteered a confession statement, which has been marked as Ex.P2, in pursuance of which a gun and elephant hair had been seized under Ex.P3. According to the second accused, in terms of Ex.P2, the first accused had directed him to shoot a deer and get it since he was interested in vension. It is the further statement of the second accused that the petitioner gave him a double-roll gun and four bullets. When the second accused went to the reserve forest, he found only an elephant which he shot dead and came and informed the petitioner about it. THE petitioner directed the second accused to get the tusk of the elephant. In the process of removing the tusk of the elephant it appears that the third accused Palani helped the second accused Mottai Mooppan. THE third accused Palani was arrested on 17.9.1986 and he volunteered a statement, which has been marked as Ex.P4. Ex.P4 relates to what accused 2 and 3 did together and it does not concern the first accused (petitioner) directly. Obviously, Ex.P4 cannot be used against the petitioner since the third accused has no personal knowledge about what happened between the second accused and the petitioner. On 6.10.1986 the petitioner obtained orders of anticipatory bail from the Court of Sessions, Coimbatore. THE complaint dated 26.12.1986 in this case was filed before the trial Court on 30.12.1986.

(3.) THREE witnesses have been examined before the trial Court before the charge was framed. P.W.1 is the Forest Range Officer, who speaks about the above mentioned facts. P.W.2 is the Veterinary Doctor who performed the post-mortem on the dead elephant. P.W.3 is the Forester, who speaks about his assisting P.W.1 for arresting accused 2 and 3 apart from his being present during the postmortem examination of the elephant. The other witnesses given in the complaint do not connect the petitioner with the crime.