STATE OF HIMACHAL PRADESH Vs. ISHWAR DASS

JUDGEMENT

(1.) This is an appeal against the judgment dated 16-1-1995, rendered by the learned Sessions Judge, Sirmaur District at Nahan, whereby in Criminal Appeal No. 31-N/10 of 1994/1993 while maintining the conviction of the accused respondents (hereinafter referred to as 'accused') for the commission of offence punishable under Section 380 of the Indian Penal Code the sentence awarded to the accused to undergo the rigourous imprisonment for one year and to pay fine of Rs. 500/- each by the learned Chief Judicial Magistrate, Sirmaur at Mahan, has been substituted by release of the accused after due admonition.

(2.) Case of the prosecution, in brief, is that accused Ishwar Dass owned a cow which on turning dry was sold by him to PW 1 Harnam Dass for consideration in the sum of Rs. 1000/- on 9-11-1990. PW Harnam Das took proper care of the cow and got it artificially inseminated with the result that the cow delivered a calf in the year 1991. After about a month of the delivery of the calf the accused went to the house of PW Harnam Dass and stealthily removed the cow and its calf

(3.) Feeling aggrieved the accused preferred an appeal before the learned Sessions Judge who delivered the impugned judgment whereby the conviction of the accused for the commission of an offence punishable under Section 380 IPC was maintained but sentence of imprisonment and fine awarded to them were substitued by release of the accused after due admonition. It is against the aforesaid background that the present appeal has been preferred by the State.