RAMJILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Ramjilal, filed the S. B. Criminal Revision Petition No. 428 of 2009, against the order dated January 30,2009 of Addl. Sessions Judge No. 1 Sikar camp Neem Ka Thana in Sessions Case No. 01 of 2009 whereby he convicted the accused respondent No. 2 for the offence under Section 3/8 of the Rajasthan Bovine animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and sentenced him to suffer three years RI and fine of Rs. 2000/- and in default of payment of fine to suffer one month si, for enhancement of sentence and the appellant filed the S. B. Criminal Appeal No. 173 of 2009 for setting aside the judgment of the Additional Sessions Judge convicting and sentencing him as mentioned above. Since both the revision petition and the ap-peal relate to one incident, they are being disposed of by this common order.

(2.) BRIEF facts of the case are that on August 12, 2008 at 10. 00 a. m. a written report was prepared that Bijendra Singh son of Kalyan Singh resident of village Jilo beating a cow indiscriminately by stone over eye, vertebra bone and tongue. The cow is lying in Jilo School waiting for her last breath. Signature over this report was made by Ma-hatma Bairam on August 14, 2007. Names of two witnesses namely Malar am and Saitan gurjar was made as witnesses. This report was registered by the Incharge Police Station Patan on August 14, 2007 at 3. 45 p. m. Crime details form was prepared by the police station along with site plan on August 14, 2007. Dr. Vinod Kumar Tyagi on August 14, 2007 at 4. 30 p. m. prepared injury report Ex. P. 3 at Primary Jilo School where cow was lying alive. He found following injuries :- Injury by the blunt object on the Lumber region measures about 1. 5 cm x 1. 0 cm. There may be fracture of the Colossal Lumber Vertebrae so that animal unable to move.- Injury on the skull- Blood was oozing out from both the nostrils.- Injury on the Right side of the thorax region and abdomen. Age of injuries 48 hours. Place was shown at Jilo Primary School.

(3.) ON August 20, 2007 injured cow died at 1. 00 p. m. After death the post-mortem report of the dead body of cow was conducted by Medical Board of Animal Husbandry Department on August 21,2007. The doctors were of the opinion that the cow died due to septic and nerve shock. The accused was arrested on August 14, 2007. After usual investigation challan was filed. The judicial Magistrate Neem Ka Thana committed the case to the Sessions Court where from the case was assigned to Addl. Sessions Judge No. 1 Sikar Camp Neem Ka thana. Charges were framed against the accused under Section 3/8 of Bovine Animal Act. The accused denied the same and claimed to be tried. The prosecution in support of its case examined 10 witnesses and exhibited 7 documents. In defence the accused placed 4 documents on record i. e. police statements of witnesses recorded under Section 161, Cr. P. C. The learned addl. Sessions Judge after hearing argu ments of both the sides acquitted the accused respondent. Against this order of acquittal the petitioner Ramjilal filed S. B. Criminal Revision Petition No. 1458 of 2008. This Court vide its order dated December 15, 2008 (reported in 2009 Cri LJ (NOC) 747)allowed the revision petition and directed as under :