BALI PARIDA Vs. NIRA PARIDA

JUDGEMENT

(1.) THE Petitioner was prosecuted on a charge under Section 11(1)(c) of the Prevention of Cruelty to Animals Act, 1960 and was convicted' and sentenced to pay a fine of Rs. 50/ - and in default to suffer simple imprisonment for a week.

(2.) THE case of the prosecution is that on 21.9.1966 the cow belonging to the complainant on seeing a jackal on the road got frightened and entered into the field of the Petitioner and that the latter assaulted the cow at several places on its person by means of a Charadi Badi (a stick, one end of which is flat, used generally to clear grass), notwithstanding the complainant's protest that the cow was pregnant and should not be beaten. On being so beaten, the cow ran and fen into a muddy ditch and it was alleged that the Petitioner caught hold of the tail of the cow and dealt several other blows with Charadi Badi thereby causing severe injuries on the knee and thigh of the right leg and also on the left chest of the cow. This incident was spoken to by p.ws. 1 to 3. P.w. 4, the Veterinary Assistant Surgeon who examined the cow on 23 -9 -1966 found that it was in an advanced stage of pregnancy and that it had the following injuries:

(3.) THE only contention put forward on behalf of the Petitioner by Mr. Singh is that in the absence of a finding by the learned Magistrate that the cow was beaten in such a manner as to cause it unnecessary pain or Buffering, the conviction is not maintainable. Section 11(1) in so far as is material may be quoted: