Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 3566 Gua

                                                         Page No.# 1/3

GAHC010188852023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : Crl.A./324/2023

         LIPAMUNGO ODYUO AND 4 ORS
         S/O LICHUMO ODYUO, L
         RESIDENT OF DIMAPUR, NAGALAND.

         2: SHRI ORENTHUNG JAMI
          S/O PHYOBEMO JAMI

         RESIDENT OF DIMAPUR
         NAGALAND.

         3: SHRI MHONJAN ODYUO
          S/O THUNGCHI ODYUO

         RESIDENT OF DIMAPUR
         NAGALAND.

         4: SHRI JONTHUNGO ODYUO
          S/O YISAMO ODYUO

         RESIDENT OF DIMAPUR
         NAGALAND.

         5: SHRI STEBHEM @ STEPHEN MURRY
          S/O EZAN MURRY

         RESIDENT OF DIMAPUR
         NAGALAND

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY SPECIAL PP ASSAM

         2:SHRI SUNDORSING TERON
                                                                       Page No.# 2/3

             FOREST BEAT OFFICER
             LAHORIJAN BEAT KARBI ANGLONG (WEST ) DIVISION
             DIPHU
             KARBI ANGLONG.ASSA

Advocate for the Petitioner   : MR N Z LOTHA

Advocate for the Respondent : PP, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

07.09.2023

Heard Mr. N. Z. Lotha, learned counsel for the appellants. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

This criminal appeal is filed under Section 374(2) of the Code of Criminal Procedure against the impugned judgment and conviction dated 07.07.2023 and order on sentence dated 07.07.2023 passed by the learned Special Judge, Wildlife, Karbi Anglong in the Special Wildlife (Protection) Case No. 1/2023 arising out of C.R. Case No. 934/2017, whereby the appellants were held guilty for the offence under Section 29 of the Wildlife Act 1972, punishable under Section 51(1) of the said Act and the 5 (five) appellants were sentenced to a simple imprisonment of 1 (one) year and to pay a fine of Rs. 10,000/- only each and in default simple imprisonment for another 1 month, with the benefit of Section 428 Cr.P.C.

This Crl. Appeal is admitted.

Page No.# 3/3

Call for the records.

Issue notice returnable after six weeks.

As Mr. M. P. Goswami, learned Additional Public Prosecutor accepts notice on behalf of the respondent Nos. 1 and 2, no formal notice need be issued to the said respondents.

List accordingly.

JUDGE

Comparing Assistant