KITAB ALL MUNSHI Vs. SANTI RANJAN DEB

JUDGEMENT

(1.) THIS is a Criminal Revision filed by Kitab Ali, Munshi Mafizuddi, Manu Mia and Abdul Hassim against the order dated 31 -1 -63 passed by the Sessions Judge, Tripura in Criminal Motion No. 65 of 1961 rejecting the application for making reference to this Court against the Order dated 9 -5 -1961 of Shri N. G. Paul, Magistrate First Class, Khowal, passed In C. R. Case No. 84 of 1960 convicting the accused persons under Section 298 I. P. C. and sentencing them each to pay a fine of Rs. 50/ - in default to undergo R. I. for one month.

(2.) THE prosecution case was that on 23rd Jaistha, 1967 B. S. corresponding to 6 -6 -60 the accused persons slaughtered a bullock in an open space In front of the house of the accused petitioner Abdul Khaleque which was by the road side and also close to the house of P. W. 1, complainant; that the act was done in spite of protest by the complainant with the deliberate intention of wounding the religious feelings of the complainant and other Hindus of the locality. On a complaint having been made to that effect, the accused persons were summoned under Section 298 I, P. C. The defence of the accused persons was that they sacrificed the bullock in question on the occasion of Bakr -Id -Day, that they did so in pursuance of their religious practice without any intention to offend the religious feeling of the complainant or any other Hindus; that the act was done in the private land of the accused Abdul Khaleque and that the act was not seen either by the complainant or his witnesses nor was visible from the complainant's house or the road.

(3.) THE learned Magistrate on a consideration of the evidence and the defence of the accused persons found all the accused guilty under Section 298 I, P. C. for deliberately wounding the religious feeling of the complainant and some other local Hindus by slaughtering the bullock in question in spite of protest in an open space only a few cubits away from the complainant's house and the public road and clearly visible from those places. He accordingly convicted and sentenced the accused petitioners.