AMARJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by Amarji son of Kachru Patel, who stands convict under section 429, I. P. C. and section 2 of the Rajasthan Preservation of Certain Animals Act. 1950 by the learned Additional Sessions Judge. Doongarpur vide his judgment dated Aug. 12, 1975.

(2.) The facts according to the prosecution were these. On 23.5.75. at 5 p.m. Cow of Lalji had gone to drink water at the cattle trough near the temple of Ramdeoji at village Fatehpura. When the cow was going after drinking water, the appellant came there and hurled two stones, which hit the cow. The cow fell down and died after sometime. P.W. 2 Heera mother of Lalji saw the incident. When Lalji returned to his house in the evening. She narrated him the incident. Two other witnesses Smt. Kanku P.W. 3 and Narainlal P.W. 4 are also eye witnesses of the incident. Lalji went to police station, Doongarpur, on the next morning and ledged the written report, Ex.P.5. A case was registered and during the course of the usual investigation the post-mortem examination of the dead-body of the cow was conducted. A challan was filed in the court of Judicial Magistrate, Doongarpur, who committed the case to the court of Sessions. The appellant pleaded not guilty to the charge and his defence was of total denial. The learned Addl. Sessions Judge, Doongarpur, however, believed the three eye-witnesses namely P.W. 2 Mst. Heera, P.W.3, Kanku and P.W.4 Narainlal and convicted the appellant.

(3.) I have heard the learned counsel for the appellant and the learned Public Prosecutor for the State and perused the record of the case carefully.