MAGAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellants under Sec. 374(2) Cr.P.C. against the judgment dtd. 5/3/2014 passed by learned Special Judge, SC/ST (Prevention of Atrocities) and Addl. Sessions Judge, Pratapgarh, in Sessions Case No. 40/2010 by which the learned Judge convicted and sentenced the appellants as under: Offence under Sec. 5, 6 R/w 8 of Bovine One year's R.I. and a fine of Rs.500.00, in default of payment of fine, further undergo Act Offence under Sec. 9 of Bovine Act Six months' R.I. and a fine of Rs.200.00, in default of payment of fine, further undergo Offence 11 of Prevention of Animal Cruelty Fine of Rs.50.00, in default of payment of fine, further undergo three days' S.I. Act

(2.) All the sentences were ordered to run concurrently.

(3.) Brief facts of the case are that on 25/5/2008 complainant Ramesh Chandra Sharma gave a written report to SHO Police Station Suhagpura, stating therein that on 25/5/2008 at about 7.00 a.m. Kailash Gurjar informed him that on Gautameshwar Road in Panawala Ghata a Truck bearing Number CH-6677 is standing, in which 25 calves were loaded out of which one calf was lying dead in the truck. In the said truck, Madan, Prabhdu, Mohan, Dudha and Tita were sitting and upon inquiry, they informed that they were taking the calves to Gujarat.