JUDGMENT

1. This is an appeal impugning an order and judgment dated 17 th December 2003 passed by the Judicial Magistrate First Class, Khed, acquitting respondent (accused) of offences punishable under Section 429 (Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees. ) of Indian Penal Code (IPC).

2. It is prosecutions case that on 22 nd August 2000, Ramdas Baban Lande (PW-4) cut grass standing over bund of Gat No.359 and brought it home. Half of the grass was fed to the animals including bullocks Babdya, Subhanya and Tomboy. At about 9.00 p.m., complainant (PW-1) - Balasaheb Bandu Lande, went inside the cattle shed and found four bullocks were shivering. Even Tomboy, which I am told was the name of a horse, also was shivering and none of them could stand on their legs. PW-1 immediately told PW-5 - Sitaram Bandu Lande to call veterinary doctor. PW-5 went and brought veterinary doctor Dr. Ladkat, who after examining the bullocks, opined that they were suffering from poisoning. Thereafter, PW-1 made enquiry and found his nephew (PW-4) had brought grass standing over bund of Gat No.359. Abutting that, there was a crop of brinjal on which