STATE OF RAJASTHAN Vs. MAKHAN KHAN

JUDGEMENT

(1.) This criminal leave to appeal is directed against judgment of 12.08.08 learned Additional District Judge (FT) Balotra in Sessions Case No. 114/05. By the judgment, respondent Makhan Khan is acquitted of the charged offence of Section 3/8 Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of Temporary Migration or Export) Act, 1995.

(2.) Heard learned Public Prosecutor.

(3.) Brief necessary facts are that on 13.08.85 at 6:15 evening, one Marakh Khan accompanied with brother Yusuf Khan lodged a written report stating that on that day in morning, his cow out for grazing reached near agricultural field of respondent Makhan Khan he inflicted blows of lathi to the cow resulting in bleeding by nose and severe injuries - Tayab and Yusuf told appellant not to do so but he continued beating telling that why the cow is left grazing there. Further stated that when owner of the cow arrived there, he came to know of the incident and cow having died after 2:30 PM is lying near house of complainant. In course of investigation, postmortem was also conducted and a lathi recovered on the information of the respondent.