NOORA AND LALA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners Noora, Lalu and two others Lukman and China were tried before the Assistant Sessions Judge, Balotra under section 379 I.P.C. and under section 2 of the Rajasthan Preservation of Certain Animals Act 1958 (herein after referred to as 'the Act') for committing theft and slaughtering the cow of PW 2 Chima.

(2.) The prosecution case, as disclosed at the trial, was that on 2-12-1969, the cow of PW 2 Chima was left for grazing in the boundary of village Gudisar. It was last seen with the accused Noora and Lalu by PW 4 Raju and thereafter its whereabouts were not known. The cow did not return to the house of Chima and as such search was made for it. Following the foot prints of the cow PW 2 Chima and others went up to the house of Hussain DW 1, father of accused Noora, who admitted the doing to death the cow of Chima by accused Noora, Lalu and others and asked PW 2 Chima to accept the compensation. It is also the case of the prosecution that petitioner Noora and Lalu made extra-judicial confession before PW 2 Chima and others later on. The First Information Report Ex. P. 1 was lodged at the Police Station, Barmer on 24-12-69 by PW 1 Bakhta. The accused petitioners Noora and Lalu were arrested on 27-12-1969 vide Ex. P. 6 and Ex, P. 7 respectively. Accused Noora, after his arrest, expressed his desire to get the remains of the cow of PW 2 Chima recovered from the places of their concealment. The information memo is Ex, P. 11. In consequence of the information given by accused Noora and on his pointing a gunny bag Ex. M. 5 stained with blood, was recovered from the house of Noora. A knife, an axe, piece of rope, pieces of skins, bones and bloodstained earth Ex. M. 10 were also recovered from there. Thereafter the accused took the police, party to hillock and on his pointing piece of skin (Ex. M. 6) stained with cow's blood was recovered. The recovery meme is Ex. P. 3. The recovery and the information were proved by the statement of PW 1 Padamsingh, PW 2 Chima, PW 6 Pabudan Singh and PW 9 Bhoor Singh. The piece of skin Ex. M. 6, the cutting from the gunny bag Ex. M. 5 and the sample of the earth Ex. M. 10 were found by the serologist and Chemical Examiner vide his report Ex. P. 13 to be stained with cow blood. He also noticed tissues of cow in Ex. M. 6. on 27.12,1969 Lalu expressed his desire to get the remains of the cow of PW 2 Chima discovered from the place of their concealment. The information memo is Ex. P. 10. In consequence of this information pieces of bones, horn, hide were recovered from the field concealed 3 ft. deep under the earth. The piece of gunny bag Ex. M. 9, stained with blood, and an axe were produced by the accused from his house. These articles were seized and sealed on the spot vide recovery memo Ex. P. 5. The information and the recovery memo have been proved by the statement of PW 11 Padam Singh, PW 2 Chima, PW 6 Pabudansingh and PW9 Bhoor Singh. A perusal of Ex. P.2 proved by the statement of PW 7 Kailash Narain reveals that the skin bore cut marks by sharp edged weapon. The petitioners Noora and Lalu made confessional statements before PW 10 Raghunath Singh. Their confessions were recorded on 12.1.1970 and they have been marked Ex. P. 3 A and Ex. P. 4A respectively.

(3.) Both the accused petitioners denied their complicity in the crime. They retracted the confession made by them on the ground that they confessed on account of police pressure. Their plea before the trial court was that PW. 2 Chima did not have any cow at the relevant time. A few months prior to the alleged occurrence viz., in the Samvat year 2025 PW 2 Chima sent ten or twelve cows . for grazing out of Rajasthan with the herd of Hussain in the days of famine. The herd of cattle taken by Hussain including the cows of, PW 2 Chima died due to famine. Chima suspected foul play on the part of Noora. He was under the impression that his cows were said by Noora and the money received Wat appropriated by him. As such he demanded compensation. Hussain refused to pay the same, as a result of which PW/2 Chima got infuriated. He conspired and foisted a fake case against the accused-petitioner. The learned Assistant Sessions lodge found the defence set-up by the accused petitioners unreliable. He disbelieved the statement of PW.5 Kamalsingh. But held that the retracted confessions of the accused-petitioners Noora and Lalu Ex. P. 3A and Ex. P. 4A respectively were voluntary and true and they stood amply corroborated by the evidence of recovery and the statement of PW. 4 Raju. On the basis of the above finding the learned Assistant Sessions Judge convicted the accused-petitioners under sections 372 I.P.C. and to pay a fine of Rs. 200.00. He also convicted the accused petitioners under section 2 of 'the Act' and sentenced each of them to two years rigorous imprisonment and to pay a fine of Rs. 200.00. The substantive sentence of imprisonment were ordered to run concurrently. However, the other two accused Lukman and China tried along with the accused petitioners were acquitted of all the charges framed against them.