ANANTA RAM KOCH Vs. STATE

JUDGEMENT

(1.) THIS reference from the District Magistrate, Kamrup, arises out of an order of conviction under Section 403 -414, I.P.C., passed against the petitioner by a First Class Magistrate at Gauhati. The petitioner was sentenced to a fine of Rs. 50/ -. He assailed the validity of his conviction by a revision petition.

(2.) THE learned District Magistrate, who heard the revision petition, has referred this case to this Court under Section 438 , Criminal P.C., with the recommendation that the conviction and the sentence passed on the petitioner be Quashed.

(3.) ACCORDING to the Ejahar, the bull was dedicated to the God 'Gopal' of Hanapara temple in the presence of Brahmins and the people of the village. The bull was under the care of the Mahanta of the temple, who is the complainant in the case though it was not kept in any cowshed and was allowed to wander about freely. The evidence at the trial was to the effect that the bull was dedicated to the Idol in the Namghar for the benefit of the public. It was looked after by the Mahanta and the people of the village for whose benefit it was dedicated. The trial Magistrate came to the conclusion that the bull was dedicated for the benefit of the villagers of Hanapara.