BHANWARU & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment passed by the learned Sessions Judge, Merta dated 19th of Jan., 1977 by which appellants Bhannwaru and Rama were convicted for the offence under section 3 of the Rajasthan Preservation of Certain Animals Act (hereinafter referred to as the Act), and sentenced to six months rigorous imprisonment each.

(2.) At the commencement of the arguments Mr. Singhvi, learned counsel for the appellants submitted that he does not want to press the appeal on merit but prays for a lenient view being taken and the appellants may not be sent behind the bars after a lapse of a period of about six years since the date of the occurrence. The learned Public Prosecutor also does not contest the prayer of a lenient view being taken in the matter.

(3.) In view of the facts and circumstances of the case and on perusal of record which indicates that injures were caused by lathies, and that too, while the cow was being taken to the cattle pond for impounding it there, the opinion of the doctor being that the animal died due to internal haemorrage and injuries to genital organs and the incident relating to the year 1976, do not consider it proper to send the appellants behind the bars and am of the opinion that the sentence of fine will, in the facts and circumstances of this case, meet the ends of justice.