The court held that the pellets recovered from the Chinkaras were not fired from Khan's licensed gun.
The driver of the jeep that was used by Khan and his co- stars on their alleged hunting mission has been missing, weakening the prosecution's case against the movie star.
Khan, 50, was jailed in 2007 for nearly a week for shooting an endangered gazelle in 1998.
Appeals of Khan against sentence in the two cases relating to poaching of Chinkaras in Bhawad and Mathania was allowed by the high court which acquitted him in both the cases.
Two separate cases had been registered against Khan under section 51 of Wildlife Protection Act for poaching of two chinkaras in village Bhawad on 26-27 September, 1998 and one chinkara in Mathania (Ghoda Farm) on 28-29 September, 1998.
The trial court (CJM) had convicted him in both the cases sentencing him to one year and 5 year imprisonment on February 17, 2006 and April 10, 2006 respectivel.
The convictions were challenged by Khan in the sessions court, which dismissed appeal in Mathania's case and transferred appeal to high court in Bhawad's case, where already two appeals by the state government had been pending.
While arguing the case in the high court, defence counsel Mahesh Bora had contended that Khan had been falsely framed in these cases, merely on the statements of a key witness Harish Dulani, the driver of the vehicle, which was allegedly used in poaching in both these cases.
Bora argued that Dulani was never available to them for cross examination and hence his statements could not be relied upon in conviction of Khan. He also argued that both of these cases have been built on circumstantial evidences and there was no eye-witness or any material evidence against Khan.
planted since they were not found in the vehicle during forest department's inspection and were found there surprisingly by the police later.
Similarly, the defence also argued that Khan was not in possession of weapons allegedly used in poaching and were brought to Jodhpur from Mumbai only on demand of the forest department. Also, it was argued that the pellets produced belonged to air gun, which has no capacity at all to kill an animal.
In its reply, the prosecution counsel K L Thakur had argued that Dulani was present in the court twice but the defence did not examine him.
Citing the FSL report of the blood stains taken from Hotel Aashirwad, where the carcass said to have been taken by Khan in first case and the blood socked soil from the spot of poaching in second case, Thakur tried to prove that it was chinkara's blood.
(REOPENS LGD4)
Khan's counsel Bora said, "There was no evidence against Salman Khan and it is proved now that he was falsely framed in these cases."
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