SONU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellant through jail against the judgment dtd. 25/10/2017 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar in Sessions Case No. 11/2016 (138/2016), by which, the learned trial court convicted and sentenced the appellant for the offence under Sec. 3/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 to undergo 5 years rigorous imprisonment and to pay a fine of Rs.10,000.00; and in default of payment of fine to further undergo 2 months simple imprisonment. The appellant was also convicted for offence under Sec. 429 IPC to undergo 3 years rigorous imprisonment along with a fine of Rs.5000.00; and in default of payment of fine to further undergo 1 month simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the case are that on 17/6/2016, a written complaint was filed by one Vinod Kumar S/o. Het Ram before the Police Station Purani Abadi, Sri Ganganagar stating therein that a cow came near Ravi Chowk then one person came following the cow who brought jaggery in his pocket and gave it to the cow. Thereafter, he tried to feed the jaggery to another cow standing nearby but the cow did not consume. At that time the complainant along with Kamlesh, Subhash, Shiv and other people standing there had some doubt. When they took the jaggery in hand, it was giving bad smell. It was alleged in the complaint that the appellant tried to kill the cow. The police registered a case and started investigation. After completion of the investigation, a charge-sheet was filed against the present petitioner Sonu @ Mohit as well as co-accused Satpal for offence under Sec. 429, 120B IPC and Sec. 3/8 of the Bovine Animal Act before the court of Judicial Magistrate, First Class, No. 1, Sri Ganganagar. Thereafter, the case was committed for trial in the court of Additional Sessions Judge No. 2, Sri Ganganagar where the charges of the case was framed against the accused. The accused denied the charges and claimed trial.

(3.) The prosecution examined as many as 18 witnesses in all and so many documents were exhibited. Thereafter, the statement of the accused under Sec. 313 Cr.P.C. was recorded. No witness was examined from the defence side. After conclusion of the trial, the learned Additional Sessions Judge No. 2, Sri Ganganagar vide judgment dtd. 25/10/2017 acquitted the co-accused Satpal but convicted the present appellant for the offences as mentioned above. Hence, this appeal.