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2008 DIGILAW 2716 (RAJ)

Ramjilal v. State of Rajasthan

2008-12-15

MAHESH CHANDRA SHARMA

body2008
Hon ble , J.—This revision petition has been filed by petitioner Ramjilal, against the judgment dated October 17, 2008 of Addl. Sessions Judge No.1 Sikar Camp Neem-ka-Thana in Sessions Case No. 24/2007 wherein accused respondent No. 2 was acquitted of the charge under Sections 3/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (in Short Bovine Animal Act). 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 Mahatma Bairam on August 14, 2007. Names of two witnesses namely Malaram 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 Jeelo Primary School. 3. On August 20, 2007 injured cow died at 1.00 p.m. After death the postmortem 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. 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 arguments of both the sides acquitted the accused as mentioned above. 4. The learned counsel for the petitioner argued that the court below without going through the entire record and evidence wrongly acquitted the accused respondents for offence under Section 3/8 of the Bovine Animal Act. The court below while passing the impugned order did not consider the statements of witnesses in correct perspective. Thus the judgment of the court below is liable to be set aside and the accused respondent should be convicted for the offences charged against him. 5. The learned counsel for the accused respondents and the learned Public Prosecutor on the other hand opposed the submissions of learned counsel for the petitioner and stated that the court below after considering all the evidence, documents and record passed the order of acquittal. There is no illegality or infirmity in the order passed by the court below. 5. I have heard the learned counsel for the parties and gone through the entire record. The report of the incident is of August 12, 2008 at 10.00 a.m. The police started investigation after endorsing it to be of August 14, 2007. Dr. Vinod Kumar Tyagi on August 14, 2007 at 4.30 p.m. prepared injury report Ex.P.3 and found the injuries caused by blunt object on the Lumber region. He also found that Blood was oozing out from both the Nostrils. The doctor opined the age of the injuries about 48 hours on August 14,2007. Thus it is clear that the injuries suffered by cow were caused by the accused on August 12, 2007 as pointed out in the written report itself. He also found that Blood was oozing out from both the Nostrils. The doctor opined the age of the injuries about 48 hours on August 14,2007. Thus it is clear that the injuries suffered by cow were caused by the accused on August 12, 2007 as pointed out in the written report itself. The learned Additional Sessions Judge observed in the judgment that the incident occurred on August 12, 2007 and the doctor examined the injuries on August 14, 2007 at 4.30 p.m. when it has been proved by the complaint and the injury report that the cow sustained injuries on August 12, 2007, there cannot be any suspicion about the incident and time of causing injuries. The finding recorded by the learned Addl. Sessions Judge is wrong. Dr. Vinod Kumar pw.3 proved the injury report Ex.P.3 and post mortem report Ex. P.4. : He has categorically stated that the cow died on account of the blunt object and cause of death was septic and nerve shock suffered by cow. prosecution witnesses Bairam (PW.l), Saitan (pw.3), Malaram (pw.5) and Ramji Lal (pw.6) all in equivocal terms stated that the cow was beaten by accused Bijendra and cow died on account of the injuries sustained after seven days. Saitan PW.4 stated in his examination in chief that when he has gone in search of cow Pavan stated to him that Bijendra is beating cow in School boundary. He immediately went there and found that Bijendra was beating cow by lathis and stones. Malaram PW.5 in his examination in chief stated that he has seen accused Bijendra Singh beating cow by a big stone on account of which vertebrae bone of cow was broken and she fell down. The accused has not been able to say a single word pointing out that on account of enmity the prosecution witnesses taken his name falsely. why the witnesses will give false evidence against him. Actually the crime was committed by the accused and it is proved by the medical evidence that the cow died on account of septic and nerve shock, thus prima facie the accused contravened the provisions of the Bovine Animal Act. The order of acquittal passed by the learned Addl. Sessions Judge dated 17.10.2008 is quashed. The trial court is directed to rehear the parties and pass afresh order after taking into consideration all material evidence and documents on record. The order of acquittal passed by the learned Addl. Sessions Judge dated 17.10.2008 is quashed. The trial court is directed to rehear the parties and pass afresh order after taking into consideration all material evidence and documents on record. The matter is remanded back to the trial court for passing fresh order within a period of 15 days from the date of receipt of the certified copy of the order and the record. The revision petition is allowed as indicated above. The accused respondent shall appear before the trial court on January 3, 2009.