L. S. MEHTA, J.

( 1 ) ON June 16, 1966, the complainant Ratnas 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 Ratnas 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,