Advocates:
['RAMGOPAL CHOUDHARY', 'PANKAJ GUPTA', '', 'P P']

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

JUDGMENT

(1) RAMJILAL VS. STATE OF RAJ. AND ANR.

(S.B.Criminal Revision Petition No.428 of 2009)

Under Section 397 read with section

401 Cr.P.C. against the order dated

January 30, 2009 of Addl. Sessions

Judge No.1 Sikar Camp Neem Ka Thana in

Sessions Case No. 01 of 2009 whereby

he convicted the accused respondent

No.2 for the offence under section 3/8

of the Rajasthan Bovine Animal

(Prohibition

of

Slaughter

and

Regulation of Temporary Migration or

Export ) Act, 1995 and sentenced him

to suffer three years RI and fine of

Rs. 2000/- and in default of payment

of fine to suffer one month SI.

(2) VIJENDRA SINGH VS. STATE OF RAJ.

(S.B.Criminal Appeal No.173 of 2009)

Under Section 374 Cr.P.C. against the

order dated January 30, 2009 of Addl.

Sessions Judge No.1 Sikar Camp Neem Ka

Thana in Sessions Case No. 01 of 2009

whereby he convicted the accused

appellant for the offence under

section 3/8 of the Rajasthan Bovine

Animal (Prohibition of Slaughter and

Regulation of Temporary Migration or

Export ) Act, 1995 and sentenced him

to suffer three years RI and fine of

Rs. 2000/- and in default of payment

of fine to suffer one month SI.

Date of Order

: April 8 , 2009

PRESENT

HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Mr. Ram Gopal Chaudhary for the petitioner Ramjilal.

Mr. Dheeraj Tripathi for Mr. Pankaj Gupta for the

accused appellant Vijendra Singh

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Mr. Piyush Kumar, Public Prosecutor.

BY THE COURT :

The petitioner Ramjilal, filed the

S.B.Criminal Revision Petition No.428 of

2009, against the order dated January 30, 2009

of Addl. Sessions Judge No.1 Sikar Camp Neem Ka

Thana in Sessions Case No. 01 of 2009 whereby he

convicted the accused respondent No.2 for the

offence under section 3/8 of the Rajasthan

Bovine Animal (Prohibition of Slaughter and

Regulation of Temporary Migration or Export )

Act, 1995 and sentenced him to suffer three

years RI and fine of Rs. 2000/- and in default

of payment of fine to suffer one month SI, for

enhancement of sentence and the appellant filed

the S.B.Criminal Appeal No. 173 of 2009 for

setting aside the judgment of the Additional

Sessions Judge convicting and sentencing him as

mentioned above. Since both the revision

petition and the appeal relate to one

incident, they are being disposed of by this

common order.

2. Brief facts of the case are that on

August 12, 2008 at 10.00 a.m. a written

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report was prepared that Bijendra Singh

son of Kalyan Singh resident of village

Jilo beating a cow indiscriminately by

stone over eye, vertebra bone and tongue.

The cow is lying in Jilo School waiting

for her last breath. Signature over this

report was made by Mahatma Bairam on

August 14, 2007. Names of two witnesses

namely Malaram and Saitan Gurjar was made

as witnesses. This report was registered

by the Incharge Police Station Patan on

Augsut 14, 2007 at 3.45 p.m. Crime details

form was prepared by the Police Station

along with site plan on August 14, 2007.

Dr. Vinod Kumar Tyagi on August 14, 2007

at 4.30 p.m. prepared injury report Ex.P.3

at Primay Jilo School where cow was lying

alive. He found following injuries :

-Injury by the blunt object on the Lumber

region measures about 1.5 cm. X 1.0 cm.

There may be fracture of the Colossal

Lumber Vertebrae so that animal unable to

move.

-Injury on the skull

-Blood was oozing out from both the

Nostrils.

-Injury on the Right side of the thorax

region and abdomen

Age of injuries 48 hours. Place was

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shown at Jeelo Primary School.

3. On August 20, 2007 injured cow

died at 1.00 p.m. After death the

postmortem report of the dead body of cow

was conducted by Medical Board of Animal

Husbandry Department on August 21, 2007.

The doctors were of the opinion that the

cow died due to septi