Trilok Bahadur v. State of Arunachal Pradesh
1979 CR.L.J 1409 (Gauhati High Court)
(K.N. Sarkaria J.,)
Wild Life Protection Act, 1972
Killing of a tiger
The petitioner a Guard in Changlai camp when he was on sentry found presence of a tiger. According to his order of his commander he fired two or three rounds in the air. The tiger instead fleeing, it came towards him and attempted assault him. The accused who has no option but to fire at tiger. The result was that the death of the tiger.
The deputy commissioner sentenced the accused for 6 months simple imprisonment under section 51 of the Wild Life Protection Act. Criminal revision was filed before this court.
The basic question before the High court was to determine whether the accused killed the tiger in hunting or his self defence.
The court observed that the nature and ferocity of the animal will be relevant in that context.
Romans called tiger ‘feral nature’ by nature of dangerous ferocity. In the case of attack by a ‘feral nature’ the victim cannot be expected to weigh the chances in golden scale.
The inference can be drawn that he was acting in his self defence.
It is early a case of killing the tiger in good faith in defence of oneself and it cannot said that the accused was committing any offence prior to shooting the tiger that charged at him. He is completely protected under section 11(2) of the Act.