BHANWARU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated Nov. 25,1978, of the Sessions Judge, Merta, convicting and sentencing the appellant for the offence under section 2 of the Rajasthan Preservation of Certain Animals Act, 1950, (hereinafter referred to as the 'act') to 2 years RI and a fine of Rs. 1000/- and in default of payment of fine to further R. I. for six months.

(2.) THE case is more than 12 years old. According to the prosecution, it was on April 11, 1. 977, that the accused gave lathi blows to the cow belonging to Smt. Bagtawari widow of Jabdi Khan resident of Khunkhuna, Tehsil Deed-wana, District Nagaur. THE first information report of the occurrence was lodged by Chhotu Khan at the police station, Khunkhuna, on April 12, 1977, on which a case under section 3 of the Act was registered. After investigation the police filed a charge-sheet against the accused in the Court of Munsif & Judicial Magistrate, Deedwana, who committed him for trial to the Court of Sessions Judge, Merta. After trial,the learned Sessions Judge has convicted and sentenced the accused, as aforesaid.

(3.) ESJS gkfk ls ej xbz gsa** Chhotu another witness of the extra judicial confession has stated that the accused said to him that the cows entered in his 'bara' and had eaten up the fodder belonging to him. He then gave lathi blows to the cows, as a result of which she died. The last witness to the extra judicial *. confession was Dhool Chand, Sarpanch. Re too has stated that accused had told them that the cows entered his Jhupa and had eaten up his fodder. The words used by this witness were,