Decided on January 12,1951

Ananta Ram Koch Appellant
STATE Respondents


Ram Labhaya, J. - (1.)THIS reference from the District Magistrate, Kamrup, arises out of an order of conviction under Section 403 -414, I.P.C., passed against the petitioner by a First Class Magistrate at Gauhati. The petitioner was sentenced to a fine of Rs. 50/ -. He assailed the validity of his conviction by a revision petition.
(2.)THE learned District Magistrate, who heard the revision petition, has referred this case to this Court under Section 438 , Criminal P.C., with the recommendation that the conviction and the sentence passed on the petitioner be Quashed.
The facts leading to the conviction are that a bull was dedicated by one Parasuram Kalita for the benefit of the public about 5 years before the occurrence in a public gathering in the village 'Namghar.' the bull was found missing and the villagers started searching for it. It was found in the house of one Johar Seikh. He had castrated the bull and was using it for ploughing purposes. Johar Seikh alleged that he got the bull from Anantaram Koch, the petitioner. Sibaram Mahanta, the Dewri of Hanapara Namghar, lodged a report at the Police Station. A case under Section 411/414/295, I.P.C., was registered against both Anantaram Koch and Johar Seikh. In the course of the investigation, it was found that Johar Seikh had purchased the bull from Anantaram as alleged by him. He could produce a receipt evidencing the transaction. Anantaram alone was, therefore, prosecuted under Section 414, I.P.C.

(3.)ACCORDING to the Ejahar, the bull was dedicated to the God 'Gopal' of Hanapara temple in the presence of Brahmins and the people of the village. The bull was under the care of the Mahanta of the temple, who is the complainant in the case though it was not kept in any cowshed and was allowed to wander about freely. The evidence at the trial was to the effect that the bull was dedicated to the Idol in the Namghar for the benefit of the public. It was looked after by the Mahanta and the people of the village for whose benefit it was dedicated. The trial Magistrate came to the conclusion that the bull was dedicated for the benefit of the villagers of Hanapara.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.