M.A. ABOOBAKER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner was accused No.3 in the Criminal Case No.1744/2004, in the Court of the learned Additional Civil Judge (Jr.Dn.) and J.M.F.C., Madikeri, (hereinafter for brevity referred to as "the Trial Court"), who, by the judgment of conviction dtd. 23/2/2007 and order on sentence dtd. 24/2/2007 of the Trial Court, was convicted for the offence punishable under Sec. 379 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC"), and Ss. 3, 4, and 5 read with Sec. 11 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, (hereinafter for brevity referred to as "the Prevention of Cow Slaughter Act") and was sentenced accordingly.

(2.) The summary of the case of the prosecution in the Trial Court was that, the present petitioner (accused No.3) joined by three more accused had stolen one cow and one ox belonging to CW-1 (PW-1) - Natesh Kumar, who had tied both the cattle for grazing in his land situated at Kallur village, within the limits of the complainant Police Station and taking the said cattle to the land of CW-14 (PW-8) - Sri. K.C. Mohammed, on the date 3/8/2004, near an unused Well in the said land, slaughtered both the cattle and distributed the amount of the sale proceeds of beef and thus have committed the offences punishable under Sec. 379 of the IPC and Ss. 3, 4 and 5 read with Sec. 11 of the Prevention of Cow Slaughter Act.

(3.) In view of the accused No.2 being absconding, the case was split up against him, as such, trial was confined only as against accused No.1, accused No.3 and accused No.4 in the Trial Court. The accused Nos.1, 3 and 4 appeared in the Trial Court and contested the matter through their counsel. They pleaded not guilty, as such, in order to prove the alleged guilt against the accused persons, the prosecution got examined in all thirteen (13) witnesses from PW-1 to PW-13, got marked documents from Exs.P-1 to P-14(a) and got produced Material Objects from MO-1 to MO-5. However, neither any witness was examined nor any documents were got marked on behalf of the accused.