VIJAY BISHNOI,J. - (1.) This criminal appeal has been preferred on behalf of the appellants Punna, Hakru and Lakhma being aggrieved with the judgment dated 27.04.1993 passed by Sessions Judge, Banswara (for short 'the trial court' hereinafter) in Sessions Case No.78/1991, whereby the trial court has convicted the appellants for the offence punishable under section 2 of the Rajasthan Preservation of Certain Animals Act, 1950 (for short 'the Act of 1950' hereinafter) and sentenced them to undergo 5 years' rigorous imprisonment and also imposed a fine of Rs.500/- each, in default of payment of fine, further to undergo 3 months' rigorous imprisonment.
(2.) During the pendency of this appeal, appellant Punna died, hence, the appeal preferred by him stands abated.
(3.) As per the prosecution story, on 10.12.1990, on the basis of a secret information received from one informant, the police personnels viz. PW.1 Mahendra Singh-Constable, PW.3 Rajendra Singh-Constable, PW.4 Karnal Singh-ASI of Police Station, Sadar Banswara nabbed three persons viz. Puna, Hakru and Laxman at village Jhupel with a dead body of a cow, which was cut into pieces. On being interrogated, all the accused persons informed that they have killed the cow and cut it into pieces for the purpose of eating. As per the prosecution story, clothes and hands of all the three accused persons were smeared with blood, and an axe, knife and Ranpi stained with flesh and blood were also recovered. All the accused-persons were arrested by the police and the remains of cow i.e. flesh, skin and other parts of its body were also recovered and took to the police station. As per the prosecution story the police conducted the proceedings in the presence of two witnesses viz. Gamira and Ramchandra.;