GUDDU @ LAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has been convicted of offence under Section 429 of IPC and sentenced to one year's R.I. with fine of Rs.2,000/- vide judgment dated 23.5.2014 passed by the J.M.F.C., Hoshangabad in Criminal Case No.956/11. In Criminal Appeal No.66/14, vide judgment dated 16.9.2014 passed by the Sessions Judge, Hoshangabad confirmed the conviction recorded to the applicant, but the sentence has been reduced to the period of six months' R.I. with fine of Rs.2,000/-. In default of payment of fine, one month's S.I. Being aggrieved with the aforesaid judgments the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, on 24.5.2011, Shayam Singh (PW-1) resident of village Bikore (Police Station Babai, District Hoshangabad) went to the jungle for grazing of his she-buffalo and calf buffalo. Calf buffalo went in the field of the applicant and the applicant threw a stone on it. Calf buffalo ran away from the field but she-buffalo could not run from the spot and therefore, the applicant gave a blow of an axe on rear right leg of she- buffalo and therefore, she-buffalo fell down on the earth. Thereafter, the applicant gave a second blow to that buffalo and Shyam Singh ran away from the spot and he called some villagers to the spot and ultimately, she-buffalo was taken in a bullock cart to the house of Shyam Singh. The FIR was lodged by the complainant Shyam Singh. She- buffalo and calf buffalo were referred for their medical examination. Dr. Amit Agrawal (PW-2) examined she-buffalo on 26.5.2011 and gave a report that she-buffalo sustained a fracture on right rear leg and its metatarsal bone was found broken, whereas calf buffalo had swelling on its right front leg. A report Ex.P/4 was recorded. After few days, she- buffalo had expired due to injuries and its body was referred for the postmortem. Dr. Amit Agrawal performed the postmortem on the body of she-buffalo and gave a report 3 Criminal Revision No.2005/2014 Ex.P/5. He found that due to injuries, she-buffalo could not stand on its feet and therefore, due to less eating and secondary bacterial infection, she-buffalo had died. After death of she-buffalo, SHO Police Station, Babai had registered the FIR Ex.P/1. After due investigation, the charge sheet was filed before the Chief Judicial Magistrate, Hoshangabad and ultimately, case was transferred to the JMFC.

(3.) The applicant abjured his guilt. He did not take any specific plea in the case, but he has stated that he was falsely implicated in the matter. In defence, FIR Ex.D/1 and case diary statements of Shyam Singh, Ranjeet Singh and Vikram Singh were referred.