Asim Kumar Mondal, J. - (1.) THE present appeal under section 374(2) of the Criminal Procedure Code, 1973 is directed against the judgment and order dated August 30, 2012 passed by learned Additional District Judge, Andaman & Nicobar Islands, Port Blair in Sessions Case No. 037 of 2011.
(2.) IN the said judgment, the learned Trial Court convicted 26 appellants under section 14A of Foreigners Act read with para 3 of FRA order 1963 read with section 50/51 Wildlife (Protection) Act, 1972 and under section 147/148/149/186/307/353/34 of the Indian Penal Code. The prosecution case in short is that on august 27, 2010 at about 1700 hours ASI Shiva Kumar ICOP Tirur made telephone call to S.I.K. Bhoominathan at Police Station Ograbraj informing that two persons namely Dinesh Biswas and Rejesh Das both of Kalinpur who are fishermen come at the outpost and inform that on August 26, 2010 both of them had been catching fish in the sea, noticed at Barabalu two boats kept anchored and in those two boats there were as many as 30 Burmese nationals. As soon as the information was received from ASI Shiva Kumar, matter was informed to the senior officers. A team was formed for anti poaching operation. The anti poaching police team with the assistance of Dinesh Biswas and Rajesh Das proceed for the spot, armed with ammunition and torch light. In the morning at about 08:30 hours the team reached at the spot and at about 10:30 a.m. they located two boats having Burmese nationals, who were proceeded from that place. It was found that they were fleeing away. The police party chased them for long. When the police party reached near the Burmese boat, the Burmese people suddenly turned their boat in the water towards the boat of the police with an intention to knock down the boat. As a result their boat hit against the boat of the police party and the boat of the police party was just getting overturned but the persons who were controlling the boat anyhow kept the boat and did not allow it to sink in the water. The Burmese people again turn their boat to the police party and try to hit them again. The anti poaching team notice that the Burmese people were armed with axe, knife and they were uttering some words in their language. The police ask them for surrendering. They did not surrender. The police was compelled to order for blank fire in order to prevent them from attacking. The Burmese people again try to attack the police personnel and as a result police party were compelled to fire in order to save themselves. Two of the Burmese people sustain bullet injuries. Police found that they had collected huge quantity of sea wealth like as cucumbers, shells. The boat was loaded with rice, two drums full diesel, compressor machine, torcus, dah, kulhari etc. Inventory was prepared in presence of witness and the 24 Burmese nationals were arrested rest two were shifted to hospital for their treatment. The incident was reported to the police station and case was started and investigated. Police submitted the charge sheet. The Trial Court after framing charges recorded the evidence of three witnesses who are SI K. Bhoominathan, B. Siva Kumar and PC 99 B. Dilli Rao.
(3.) THE Trial Court on the basis of the evidence on record and considering the facts and circumstances of the case as well as the inventories, has been pleased to pass the judgment impugned and convicted all the accused persons under the charges framed against them.;