ARIF ALIAS SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by the conviction and sentence passed by 3rd Additional Sessions Judge, Khandwa in S.T. No.110/2018 vide judgment dated 14/05/2019 whereby convicted and sentenced the appellant as follows:

(2.) The case of prosecution against both appellant, in short, is that in truck No.M.P.09 H.F.2037 was filled with cow progeny very cruelly in two partition and legs of the cow were cruelly tied by the rope. Informer informed this fact to Police Chowki, Borgaon, Police Station, Pandhana, Distt. Khandwa. Incharge of the Police Chowki after recording this information on Rojnamcha rushed to the spot along with Head Constable Tarchand, Constable Akhilesh, Constable Uday Singh and independent witnesses Sanjay and shivlal and made blockade. The alleged truck came on the bus-stand and when stopped by the Police, driver and persons who were sitting inside the truck after seeing Police stopped the truck and jumped and tried to flee away. They were five in number. Police chased them and caught hold four persons. One Ashfaque who was said to be driver of the truck, another Afsar, Faqueer, Arif alias Sonu (applicant), Irshad. They furnished information that they were carrying cattle cow progeny for slaughtering to Barungaon, Maharashtra. On inspection of truck, it was found that at the back side of the truck a wrong number of plate mentioning number M.P.09 HF 0989 was affixed. In the front side of number of plate two numbers were mentioned; one M.P.09 HF 2037 and on its back side M.P.09 HF 0989. After opening Tirpal Police party found that there were huge number of cow progeny badly filled in cruel manner. Legs and mouth of cattle were tied and some of them found dead. After conducting of these proceeding, temporary Crime No.36/2012 registered at Police Chowki Borgoan and sent FIR for registration of crime number to Police Station, Pandhana where Crime No.97/2012 registered against the appellant along with other co-accused. After recording of evidence and completion of investigation, charge sheet filed against the applicant along with other co-accused.

(3.) Learned trial Court framed charges against the applicant along with other co-accused persons for the offence punishable under Section 420 read with Section 34, 471 read with Section 34 of IPC, Section 4 read with Section 9 of M.P. Govansh Pratishedh Adhiniyam, 2004 read with Section 34 of IPC, Section 6 read with Section 9 of M.P. Govansh Pratishedh Adhiniyam, 2004 read with Section 34 of IPC as also under Section 6A read with Section 10, 11 of M.P.Krishik Pashu Parirakshan Adhiniyam, 1959 read with Section 34 of IPC, 6-B read with Sections 10, 11 M.P.Krishik Pashu Parirakshan Adhiniyam, 1959 read with Section 34 of IPC, Section 11(d) of Prevention of Cruelty to Animals Act read with Section 34 of IPC, and Section 66/192, 3/181 of Motor Vehicles Act read with Section 34 of IPC.