STATE Vs. BHURA RAM

JUDGEMENT

(1.) The State has filed this appeal under Section 378, Criminal Procedure Code against the judgment of Additional District & Sessions Judge, Barmer dated 30.7.1988 passed in Sessions Case No. 41/1988, wherein he has acquitted the accused Bhura Ram of offence under Section 302, I.P.C. and under Sections 9 / 51 of the Wild Life Protection Act and also accused Mohan, Navla Ram and Sagta of offence under Sections 302/34, I.P.C. and Sections 9/51 of the Wild Life Protection Act.

(2.) Briefly stated the facts of the case are that on 3.4.1988 a written report was filed by Gordhan stating therein that while they were sitting in a condolence meeting in Sagra's Dhani, where Himmta, Idan, Baga, Shera and Naina were also present, on hearing gun shot fire they all came out of the Dhani and saw an injured deer was running and was being chased by Bhura accused having gun in his hand. The injured deer entered in Sagra's Dhani. The accused Bhura Ram and Sagta after seeing so many persons in the Dhani fled away. When the injured deer entered in the hut of Naina, they made thorn fencing around the hut and door of the hut was closed. Kheta and Shera were sent to the Forest Department to lodge a report about this incident. In the evening when the deer died, Idan, Himmta, Baga, Naina slept outside the hut with a view to keep watch on the deer. During the night at about 12:00 after hearing the sound of foot steps, Idan and Baga woke up and saw Sagta, Bhura, Mohan and Navla were trying to remove the fencing. Bhura was armed with a Dhariya and rest of three accused were armed with Lathis, Idan restrained them from removing the fencing and taking away the dead deer. Thereafter Himmta and Naina also woke up and restrained them from taking the dead deer. When they all resisted, Bhura inflicted a Dhariya blow on the head of Idan. All the accused persons took away the dead deer. After hearing the hue and cry, Raju also arrived on the spot. After receiving this information, police submitted challan against all these accused persons under the aforesaid sections.

(3.) The accused persons denied the charge levelled against them and pleaded for trial. The prosecution in all produced 12 witnesses and got exhibited 38 documents in support of their case. Only one witness was produced in defence. The trial Court after hearing both the parties and looking to the evidence produced, acquitted all the accused of the charges levelled against them. Hence, this appeal by the State against the acquittal.