KERKON PEGU Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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RUMI KUMARI PHUKAN -
(1.) Present appeal is directed against the judgment and order dated 4.2.2017 passed by the learned Additional Sessions Judge, Golaghat in Sessions Case No.86/2015 convicting the accused appellant under Section 51 (1) and 9/27 of the Wild Life Protection Act, 1972 and sentenced him to undergo rigorous imprisonment for 7 years and fine of Rs. 50,000/-, in default simple imprisonment for one years.
(2.) The prosecution story in brief is that on 29.11.2014 one carcass of rhino with bullet injuries in the area of Natun beel camp under Agaratoli Range of Kaziranga National Park was found without its horn being chopped off. Thereafter the police and forest department had started their investigation and on 29.12.2014 the personnel of STF apprehended the accused Kerkon Pegu and Arun Patgiri. On being interrogated they admits their guilt along with Tankeswar Pegu, Latu Kutum, Sunti Patgiri, who shot down the rhino and chopped of its horn. On completion of the investigation offence report was submitted against the accused persons u/s 51 of the Wild Life (Protection) Act for contravention of section 2 (16)/2 (35)/9/27 of the Wild Life (Protection) Act, 1972. Thereafter the appellant faced trial and denied the charge that was framed against him U/S 51 of the Wild Life (Protection) Act, 1972. The trial was held by the learned Sessions Judge as the same is triable by the Court of Sessions.
(3.) During the course of trial the prosecution examined as many as 3 witnesses and defence examined none. Plea of defence is total denial. Statement of accused U/S 313 CrPC recorded wherein also he denied the allegations. At the conclusion of trial, learned trial Court found and held the accused guilty U/S 51 of the Wild Life (Protection) Act and sentenced him as aforesaid.;
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