IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC. APPLICATION NO. 229 OF 2010 IN STAMP NUMBER MAIN NO. 2292 OF 2010 RANGE FOREST OFFICER ... Applicant Versus SHRI DIGAMBAR AND ANR., ... Respondents Shri C. A. Ferreira, Public Prosecutor for the Applicant. Coram:- N. A. BRITTO, J. Date:- 29th November, 2010 P.C.:- Heard Shri C. A. Ferreira, the learned Public Prosecutor. This is an application for leave to appeal with an application for condonation of delay. For reasons set out in the application, the delay is condoned. The complaint was filed by the Range Forest Officer for commission of offences punishable under Section 27(1) r/w 35(8) and Section 31 r/w 35(8) against accused No.1 and under Section 27(2) r/w Section 35(8) and Section 52 against accused No.2 and under Section 9 against both, of the Wild Life(Protection) Act, 1972. Village Nandran is located within Bhagwan Mahaveer Sanctuary and National Park at Mollem. The evidence on record shows that there are residential houses in village Nandran and accused No.2 is the resident of the said village who has a house therein. The residents of the said village are yet to be rehabilitated but people carry their vehicles within the said sanctuary to the village and to their houses and no permission is taken by the said villagers from the Forest Department. Friends, relatives and other persons also enter village Nandran. According to the complainant, on 15-7-2007, one spotted deer was spotted in injured condition at Nandran and it was suspected that it was injured by a bullet. The deer was moved to Bondla Zoo but it died on the next day. The Veterinary confirmed that the injury on the deer was due to the gun shot. There were no eye witnesses to the incident of injuring the spotted deer. Statements of the accused were recorded by the complainant but in the said statements neither of the accused did incriminate themselves. Amongst the other witnesses was PW2/Chandrakant and PW6/Krishna who also had not seen anyone shooting the said deer. PW2/Chandrakant had noticed the said deer with bleeding injury on right leg. He was also a witness to the seizure of van which was subsequently released in favour of A-1. PW6/Krishna was cross-examined by prosecution with no benefit to its case. There was no other evidence to implicate the accused. This is not a fit case to grant leave to appeal. Application dismissed. N. A. BRITTO, J. RD.