DEEWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts In brief of the case are that on 22.4.1995 at about 6.45 P.M. Raghuveer Singh ASI, Baney Singh Constable -781, Hakim Singh Constable -582 and Girdhar Singh Constable -675 of Police Station, Halena spotted a Tata Truck 407 No. 05 -G -0517 coming from Jaipur to Bharatpur was stopped and checked. On asking, the driver Informed them that the truck was carrying fodder. But the police found that 6 cows and one calf badly stuffed in the vehicle. Five persons were there in the truck including driver Satish Singh and the petitioner who was said to be the owner of the truck. The police came to know that the cows were being transported to Kirawali only to be butchered. All the occupants Including the petitioner were taken to police station Halena along with the truck and cows and registered an FIR No. 46/95 Under Section 5 of the Rajasthan Preservation of Certain animals Act (hereinafter referred to as 'RPCA Act'), at the instance of Sh. Reghuveer Singh, ASI and investigation started.

(2.) THE Police after investigation filed a charge -sheet under Section 3 & 5 read with Section 2 of RPCA Act before the court of Civil Judge (Sr.Dvn.) & Judicial Magistrate, Valr who committed the case to the court of Addl. Sessions Judge, 'Bayana, District Bharatpur. The Addl. Sessions Judge Bharatpur after hearing both the parties, directed vide his order dated 11.9.1997 that the charge under Section 2 red with Section 5 of RPCA Act be framed and to read over to all the accused persons including the petitioner. Thereafter, the charge was framed against the petitioner and other accused persons.

(3.) MR . Himmat Singh Advocate appearing on behalf of the petitioner has contended that no prima facie case under Section 2 read with Section 5 of RPCA Act is made out against the petitioner. He contended that the injuries found on the body of the cows and calf were simple In nature which are likely in the course of transportation. A cow died because of respiratory insufficiency caused by acute infections plauro pneumonia as per post postmortem report dated 9.5.97 which cannot be ascribed to petitioner's over -tact.