JUDGEMENT

Misra, C. J. :- The petitioner has been convicted under Section 429, Indian Penal Code and S.11(1)(a) of the Prevention of Cruelty to Animals Act and sentenced to a fine of Rs. 100/- under Section 429, Indian Penal Code in default to undergo 10 days' S. I. No separate sentence has been imposed under Section 11(1)(a) of the Prevention of Cruelty to Animals Act.

2. Prosecution case is that the petitioner gave a lathi blow to a calf of P.W. 1 on 21-10-1971. The calf had a fracture in the left hind leg and died on 27-10-1971 P.W. 1 lodged the FIR on the very day the calf was injured. Charge-sheet was submitted on 13-3-1972 and cognizance was taken on 18-4-1972. The petitioner was convicted and sentenced as already stated on 30-4-1974 after the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the new Code) came into force on 1-4-1974. The defence was one of denial.

3. Mr. Ray for the petitioner contended that the conviction is unsustainable as it is based on no evidence. Mr. Patra, the learned standing Counsel, on the other hand, contended that as the fine imposed was more than Rs. 50/- an appeal lay to the Sessions Judge under the Code of Criminal Procedure, 18