SHANKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Questioning the legality, validity and correctness of the impugned judgment affirming the judgment of conviction and partly modifying order of sentence passed by the Additional Chief Judicial Magistrate convicting the applicants for offence under Section 6 of the Chhattisgarh Agricultural Cattle Preservation Act, 1959 (henceforth 'the Act, 1959') and punishable under Section 11 of the Act, 1959 and sentencing them to undergo simple imprisonment for 1 year and to pay fine of Rs. 1,000. (Sentence was partly modified and reduced by the appellate Court to 6 months' simple imprisonment and to pay fine of Rs. 500 only).

(2.) The prosecution case as unfolded during trial is as under:

(3.) Shri Mayank Chandrakar, learned counsel appearing for the applicants would submit that the trial Magistrate has committed manifest illegality in holding the applicants guilty for the offence under Section 6 of the Act, 1959 as the vital ingredients for constituting offence under Section 6 of the Act, 1959 are missing and as such the prosecution has completely failed to establish the ingredients of offence under Section 6 of the Act, 1959 beyond shadow of doubt.