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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

O R D E R

S.B. CRIMINAL REVISION PETITION NO. 313/2008

RATNA RAM Vs. STATE OF RAJASTHAN

DATE: 08.04.2008

HON'BLE MR. JUSTICE K.S. RATHORE

Mr. Naveen Kr. Sharma for the accused-petitioner.

Mr. B.S. Chhaba, Public Prosecutor for the State.

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The instant criminal revision petition

under Section 397 read with Section 401 Cr.P.C. is

directed against the order dated 19.03.2008 passed

by the Additional District & Sessions Judge (Fast

Track) No.3, Ajmer, Camp Kishangarh in Sessions

Case No. 5/2008, whereby charge for the offence

under Section 3/8 of the Rajasthan Bovine Animal

(Prohibition of Slaughter And Regulation of

Temporary Migration or Export) Act, 1995 (For

short 'the Act of 1995') has been framed against

the accused-petitioner.

In brief the facts of the case are that

on 22.07.2007 at about 6:30 p.m., one Shri Prabhu

Ram submitted a written report at Police Station

Roopngarh for the incident took place on

22.07.2007 at 8:30 a.m. On receipt of the

aforesaid written report, FIR No. 86/2007 was

registered by the police against the petitioner

and two other accused persons for the offence

under Sections 429 and 504 IPC and investigation

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commenced. After thorough investigation, the

police submitted charge-sheet dated 19.09.2007

before the Civil Judge (Jr. Division) & Judicial

Magistrate, Kishangarh, for the offence under

Section 3/8 of the Act of 1995 against the present

accused-petitioner only. The case was committed to

the Court of Additional District & Sessions Judge,

Kishangarh and thereafter the same was transferred

to the Court of Additional District & Sessions

Judge (Fast Track) No.,3 Ajmer, Camp Kishangarh.

The Court below after hearing the

parties, framed charge against the accused-

petitioner for the offence under Section 3/8 of

the Rajasthan Bovine Animal (Prohibition of

Slaughter And Regulation of Temporary Migration or

Export) Act, 1995 vide order impugned dated

19.03.2008.

Aggrieved and dissatisfied with the

aforesaid order dated 19.03.2008 framing charge

against the accused-petitioner, the present

criminal revision petition has been preferred by

the petitioner on the ground that from perusal of

the FIR and the material available on record, the

offence under Section 3/8 of the Act of 1995 is

not made out against the accused-petitioner.

Learned counsel for the petitioner

referred Section 3 of the Rajasthan Bovine Animal

(Prohibition of Slaughter And Regulation of

Temporary Migration or Export) Act, 1995 which

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reads as under:-

“3.

Prohibition

of

slaughter of bovine animal:

Notwithstanding

anything

contained in any law for the

time being in force or in any

usage or custom to the contrary,

no person shall slaughter or

cause to be slaughtered or offer

or cause to be offered for

slaughter any bovine animal.”

Learned counsel for the petitioner also

referred the definition of “slaughter” defined in

Section 2(m) of the Act of 1995. “Slaughter” means

intentional killing by any method and for any

purpose whatsoever.

Further Section 8 of the Rajasthan

Bovine Animal (Prohibition of Slaughter And

Regulation of Temporary Migration or Export) Act,

1995 deals with penalty which reads as under:-

8. Penalty- (1) Whoever

contravenes

or

attempts

to

contravene

or

abets

the

contravention of the provision of

Section 3 shall, on conviction, be

punished

with

a

rigorous

imprisonment for a term which shall

not be less than one year but may

extend to ten years and with fine

which may extend to ten thousand

rupees.

(2) Whoever contravenes

or attempts to contravene or abets

the contravention of the provisions

of Section 4 or Section 5 shall, on

conviction, be punished with

rigorous imprisonment for a term

which shall not be less