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Emperor Vs. Barkat Ali and anr. - Court Judgment

LegalCrystal Citation
SubjectEnvironment
CourtAllahabad
Decided On
Judge
Reported in(1918)ILR40All38
AppellantEmperor
RespondentBarkat Ali and anr.
Excerpt:
act no. vii of 1878 (indian forest act), section 25(i) - hunting without a permit in a reserved forest. - .....with two others went to a reserved forest. the other two persons who were tried along with the applicants barkat ali and hamid ali shot two deer. for this all the four persons were placed on their trial. it has been found that the four persons formed a party and went to the forest with the object of hunting. they had no permit and therefore they were punishable under the section mentioned above for violating the rules framed under clause (i) of the section. it is true that the two applicants did not actually shoot any deer. as the section makes shooting punishable, they could not be convicted of shooting in a reserved forest; but they were certainly hunting, and hunting without a permit is punishable under the section. therefore the two applicants have, in my opinion, been rightly.....
Judgment:

Pramada Charan Banerji, J.

1. The applicants Barkat Ali and Hamid Ali have been convicted under Section 25 of the Forests Act (No. VII of 1878). The former has been sentenced to a fine of Rs. 50 and the latter to a fine of Rs. 40. It appears that these two persons along with two others went to a reserved forest. The other two persons who were tried along with the applicants Barkat Ali and Hamid Ali shot two deer. For this all the four persons were placed on their trial. It has been found that the four persons formed a party and went to the forest with the object of hunting. They had no permit and therefore they were punishable under the Section mentioned above for violating the rules framed under Clause (i) of the Section. It is true that the two applicants did not actually shoot any deer. As the Section makes shooting punishable, they could not be convicted of shooting in a reserved forest; but they were certainly hunting, and hunting without a permit is punishable under the Section. Therefore the two applicants have, in my opinion, been rightly convicted. The sentences, however, seem to be severe. I reduce the sentence in the case of Barkat Ali to a fine of Rs. 25 and in the case of Hamid Ali to one of Rs. 20. Any sum paid in excess of the above amounts will be refunded.


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