- (1.) THIS criminal leave to appeal has been preferred by the State Government against the order dated 04.03.2013 passed by learned Additional Sessions Judge No.3, Bhilwara (for short 'the trial court' hereinafter) in Sessions Case No.14/2012, whereby the learned trial court has acquitted the accused-respondent from the offences punishable under sections 5/8, 6/8 and 3/8 of the Rajasthan Bovine Animal (Prohibition Of Slaughter & Regulation Of Temporary Migration On Export)Act, 1995 (for short 'the Act of 1995' hereinafter).
(2.) BRIEF facts of the case are that complainant Mitthulal submitted a report (Ex.P/5) to the SHO, Police Station, Bijaulia to the effect that on that day at about 1:30-2:00 A.M., when he, along with his friends Heeralal and Shashikant, was going towards Aroli by his car, near Greed, one LP Truck bearing No.RJ.27-GA 2576, which was being driven at a high speed, crossed them, and near Kesarpura Turn, after breaking the divider, it turned turtle at wrong side. It was alleged in the complaint that when the complainant and his friends neared the locale, some persons, leaving the vehicle, were running, they were chased by Heeralal and Shashikant. It was also alleged that there were large number of bovine animals in the truck and some of them were died. On this complaint, the Police registered a case under section 279 IPC and sections 3, 5, and 8 of the Act of 1995. After investigation, charge sheet was filed against the accused-respondent for the offences punishable under sections 279 IPC and sections 3, 5, and 8 of the Act of 1995 before the Court of Civil Judge, Bijaulia, from where, it was committed to the Sessions Court, Bhilwara and ultimately to the trial court.
(3.) DURING trial, co-accused Shakir has died and, therefore, proceedings against him were dropped. The charges were read over to the accused-respondent, which he denied and claimed for trial.;