RAMESHCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the acquittal of respondent nos.2 to 17 from the charge under section 11 (6) of MP Agricultural Cattle Preservation Act, 1959 (hereinafter referred as the Act, 1959) recorded vide judgment dated 29.02.2000 delivered in criminal case no.399/1999 by Judicial Magistrate First Class, Khachrod District Ujjain.

(2.) The State of MP is impleaded as respondent no.1 as it has not preferred any appeal against the acquittal of the other respondents vide impugned judgment.

(3.) Prosecution case in brief is that on 15.04.1999, members of Jeev Daya Society, Khachrod, Heeralal and Anapesingh noticed that 7-8 persons belonging to Bhill community were taking 77 cow progeny, calves, bulls and bullock etc through village Bhatkedhi. On interrogation, they revealed that they are indulged in the sale purchase of cow progeny. They have purchased those cow progeny from cattle fair "Pashu Mela" Balaji and will sell them to the persons, who will give higher price. Even if butcher give higher price, they will sell the cattle to hem. Heeralal and Anapesingh took them to the police station. On the way, on interrogation, 5 persons revealed their names as Hema, Narsingh, Badiya, Galji and Jimal but other persons ran away. Heeralal and Anapesingh took the cow progeny to the Goshala situated at Khachrod. Assuming that as the cow progeny were not fit for agricultural purpose due to young/old age or due to their physical condition and are being carried for the purpose of slaughtering, they lodged a written complaint Ex.P/2 in the police station Khachrod, where crime no.101/99 was registered by the police by scribing FIR Ex.P/4. The cow progeny were seized vide seizure memo Ex.P/5 and were got examined from the Veterinary Assistant Surgeon, Veterinary Hospital, Khachrod, who opined that out of 77 cow progeny, 33 male cattle were between the age of 2-3 years, 10 bullocks were old age, 11 cattle were between 2-3 years age and were disabled or unfit for agricultural purpose, 23 bullocks were also disabled due to malnutrition and were not fit for agricultural purpose. He submitted a report Ex.P/1. Finding that the cow progeny were being carried by the accused persons for slaughtering, the police arrested those five persons brought by the complainants. They revealed the names of the other accused persons. On the basis of their disclosure memorandums, the police arrested other accused persons and after completing the investigation, finding that the cow progeny were being carried for the purpose of slaughtering filed charge-sheet against total 16 accused persons.