ARUN D.UPADHYE,J. - (1.)Being aggrieved by the judgment and order dated 24-01-2003 passed by the Judicial Magistrate First Class, Deulgaonraja in Regular Criminal Case No.6/99, the Appellant-State of Maharashtra has preferred this appeal.
(2.)By the impugned judgment and order dated 24-01-2003, all the accused were acquitted for the offence punishable under Section 9 of the Wildlife (Protection) Act, 1972 and Section 26-1 (i) of the Indian Forest Act , 1927. The brief facts of the case are as under:-
(3.)The complainant-Range Forest Officer and the Assistant Wildlife Conservator have filed the complaint. According to the prosecution, Mehkar Forest is declared as reserve forest and also reserved for the Wildlife (Protection) Act, 1972. It is the case of the prosecution that on 26-4-1998 there was hunting of Nilgai in the reserve forest of Pimparkhed Tq. Sindkhed Raja, Dist. Buldana. According to the prosecution, on that day, the accused went towards Khairkhed Forest and hunted Nilgai. Thereafter, all the accused brought one jeep on hire and lifted Nilgai to village Pimparkhed, they cut the meat of the Nilgai and distributed amongst them. It is also alleged that they burnt the skin of Nilgai.