IBRAHIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition under Sec. 397/401 of Cr.P.C. challenge has been made to the judgment dtd. 31/10/2006 passed by the learned Sessions Judge, Sirohi, in Criminal Appeal No. 41/2005, whereby the learned Appellate Court dismissed the appeal filed by the petitioners and affirmed the judgment dtd. 28/9/2005 passed by the learned Chief Judicial Magistrate, Sirohi, in Criminal Original Case No. 499/1999 convicting the petitioners for the offence under Sec. 5/8(2) of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and sentencing them to undergo six months' rigorous imprisonment alongwith a fine of Rs.1,000.00 each and in default of payment of fine, further to undergo one month's SI each and under Sec. 11 (d) of the Rajasthan Prevention of Cruelty to Animals Act and sentencing them to pay a fine of Rs.50.00 each and in default of payment of fine, further to undergo 2 days' SI each. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 30/8/1999, Parbat Singh, Head Constable of Police Station Sirohi, lodged a report that he along with his staff, stopped a truck bearing No. RJ-19-G-8003 for routine checking, which was being driven by the accused-petitioners. Upon searching the truck, they found 56 Bovine Animals tied with ropes very mercilessly, which were being taken to Gujarat for slaughter. On the said report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the present-petitioners in the Court concerned.

(3.) Thereafter, the Trial Court framed the charges against the petitioners for offence under Sec. 5/8(2) of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 & under Sec. 11 (d) of the Rajasthan Prevention of Cruelty to Animals Act, who pleaded not guilty and claimed trial.