NASSAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgement/order dated 11.10.1994 passed by Addl. Sessions Judge, Kishangarh Bas, Alwar in Sessions Case No. 52/1994, whereby the accused appellants have been convicted for the offence under Section 2 of the Rajasthan Preservation of Certain Animals Act, 1950 (here-in-after to be referred to as "RPCA Act") and sentenced as under:

(2.) Brief facts of the case are that the complainant Bheem Singh S/o Sindha Ram, R/o village Maliyarjat, Police Station, Tijara, District Alwar submitted a report mentioning therein that on 1.3.1994 his one cow did i not return. On 2.3.1994, Manphool and Mahendra Singh informed him that on the previous day at about 7.00 PM, the cow had been laid down by Fajroo, Raseed, Nassar and Deenu, by caste Mev near nalla and they were cutting the cow. On this information, he went to the spot and found that the skin of the cow was lying on the spot and they took away the flesh. On the basis of said report, the police registered a case No. 37/1994 for the offence under Section 2 of RPCA Act. Thereafter the investigation was commenced and after completion of investigation, the police filed the challan against the accused persons for the aforesaid offence. Thereafter the charges were framed against the accused persons for the offence under Section 2 of RPCA Act, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. The statements of accused persons were recorded under Section 313 CrPC. After hearing the arguments of both the sides, the learned trial court vide judgement/order dated 11.10.1994 convicted and sentenced the accused appellants as indicated here-in-above.

(3.) Against the said judgement, this appeal has been filed by the accused appellants.