JOHRI Vs. STATE

JUDGEMENT

(1.) ON June 16, 1966, the complainant Ratna's cow entered the house of the accused John at about noon. This led to altercations between Ratna and Johri. The accused Kishanlal and Rewaria sided Johri. The accused Johri is said to have thrown a stone towards Ratna. The stone accidentally fell on Ratna's calf tethered nearby as a result of which it sustained an injury on its nasal region and died soon after. A report of this incident was made at the police station, Rajgarh, district alwar. The police investigated the matter and put up a challan against the accused johri, Kishan and Rewaria for offences under Sections 429, 448 and 323, I. P. C. , in the Court of the Munsiff Magistrate, Rajgarh (Alwar), The prosecution examined six witnesses, including P. W. 5, Veterinary Assistant Surgeon, Dr. Parmeshwar sahai. The accused denied to have committed the offence in their statements recorded under Section 342, Cr. P. C. They did not produce any evidence in their defence. The trial Court by its judgment dated January 29, 1968, acquitted the accused Kishanlal and Rewaria of all the charges. He also acquitted Johri for offences under sections 448 and 323, I. P. C. He, however, convicted Johri under Section 429, I. P. C. , and sentenced him to rigorous imprisonment for two months and to pay a fine of Rs. 50, in default to further suffer rigorous imprisonment for 15 days. An appeal was taken against that judgment by the accused Johri in the Court of sessions Judge, Alwar. The appellate Court by its judgment, dated May 9. 1968, partially accepted the appeal and, while maintaining the conviction of the appellant under Section 429, I. P. C. , reduced the substantive sentence of two months rigorous imprisonment to one till the rising of the Court and kept the sentence of fine of Rs. 50 intact. Hence, this revision.

(2.) LEARNED counsel for the petitioner submits that the judgment of the Court below is in direct conflict with the provisions of Section 429, I. P. G. , as the prosecution has failed to bring home intention or knowledge of the accused to commit mischief.

(3.) IN this case from the statement of P. W. 2 Parbhata, P. W. 3 Kanni and P. W. 4 ratna, it is clear that when Ratna's cow entered Johari's house, there were altercations between Ratna and Johari. The cow was driven out by Johari. Ratna's calf was also found tethered on Ratna's 'chabutari'. The calf was untied by John. Ratna objected to this and again tied the animal Thereupon John wanted to pelt stones towards Ratna, but accidentally the stone fell on the calf on its nasal region, resulting in its death.