BERI, J.—This is an appeal directed against the judgment of the Additional Sessions Judge, Tonk, who convicted the appellant under sec. 2 of the Rajasthan Preservation of certain Animals Act, 1960, and sentenced him to undergo rigorous imprisonment for five years and to a fine of Rs. 500/-.

2. The circumstances which give rise to this appeal are these.

3. On the 30th April, 1959, Mst. Rodi widow of Bajranga Gujar had gone in the town of Tonk to sell milk and curd. On her return she was informed by Kalyana and Rugha (P.Ws. 2 and 3 respectively) that her cow was stabbed by Nisar, the appellant. She saw the injured cow standing near Bhamor Gate, Tonk. Her daughters son Ramlal took the cow to the veterinary hospital where the cow received some sort of treatment but it died the next day. On the 1st May, 1950, one Gangaram informed the police that the son of Mohammed Ishaq alias Billo had stabbed a cow belonging to one Gyarasa Gujar. The injury so caused resulted in the death of the cow. On the post-mortem examination at the veterinary hospital it was found that there was an incised penetrating wound 1-1/2" long on the left lateral side 1-1/2" pos-tero-ventriclly from the point of haunch i

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