STATE OF MAHARASHTRA Vs. BHANUDAS NIVRUTTI LANDE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 17th December 2003 passed by the Judicial Magistrate First Class, Khed, acquitting respondent (accused) of offences punishable under Section 429 (Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. ) of Indian Penal Code (IPC).

(2.) It is prosecution's case that on 22nd August 2000, Ramdas Baban Lande (PW-4) cut grass standing over bund of Gat No.359 and brought it home. Half of the grass was fed to the animals including bullocks Babdya, Subhanya and Tomboy. At about 9.00 p.m., complainant (PW-1) - Balasaheb Bandu Lande, went inside the cattle shed and found four bullocks were shivering. Even Tomboy, which I am told was the name of a horse, also was shivering and none of them could stand on their legs. PW-1 immediately told PW-5 - Sitaram Bandu Lande to call veterinary doctor. PW-5 went and brought veterinary doctor Dr. Ladkat, who after examining the bullocks, opined that they were suffering from poisoning. Thereafter, PW-1 made enquiry and found his nephew (PW-4) had brought grass standing over bund of Gat No.359. Abutting that, there was a crop of brinjal on which accused had sprayed pesticide two or three days earlier. According to prosecution, accused has sprayed excessive quantity of pesticide even on the grass standing over the bund which grass came to be cut by Ramdas (PW-4) and provided to the animals. Two of the bullocks Babdya and Subhanya died and consequently, PW-1 suffered loss of Rs.25,000/-. Accordingly, PW-1 lodged a complaint on 23rd August 2000. Police took cognizance of the same and commenced investigation.

(3.) PW-7, the Investigating Officer - Kisan Baban Bhogade, prepared panchnama of the spot from where grass was cut and also of the spot, i.e., cattle shed, where bullocks have died. PW-7 also seized bottles of pesticide from accused and entered into correspondence with the veterinarian. Thereafter, PW-6, Medical Officer, Dr. Vasant Ingale, conducted postmortem on the two bullocks. PW-7 then sent materials collected by PW-6 of the bullocks and bottles seized under panchnama to Chemical Analyzer Office. On completion of investigation, PW-7 filed chargesheet in Court and later on, after receipt of chemical analyzer's report, PW-7 submitted the same to the Court. Accused pleaded not guilty and claimed to be tried. Statement of accused under Section 313 of the Code of Criminal Procedure was recorded and the defence is of total denial and that he was being falsely implicated on account of some old disputes.