DINESH MEHTA,J. - (1.) The present appeal has been preferred by the accused appellant under Section 374 of the Code of Criminal Procedure, 1973, oppugning the judgment and sentence dated 23.2.1993, passed by District and Sessions Judge, Banswara, whereby he had been convicted for offence under Section 2 of the Rajasthan Preservation of Certain Animals Act, 1950 and was asked to undergo two years and six months' rigorous imprisonment with fine of Rs.1,000/-, and in default in payment of the fine, to undergo two months' additional rigorous imprisonment.
(2.) The present appeal had been admitted on 2.4.1993 after considering the submissions of learned counsel for the appellant and the sentence awarded to the appellant stood suspended. However, thereafter the said counsel did not appear, for which this Court directed the Registry to issue notice to the appellant. Office has reported that the notice upon the appellant has been served, yet nobody has put in appearance to pursue the present appeal. Hence, this Court is constrained to decide the appeal in absence of the appellant/ his counsel.
(3.) The facts appertain to the present appeal are that the complainant Arjun lodged a complaint in the Police Station Sadar, Banswara, informing that the day before, while his son Ishwar was gliding his ox named 'Singa' towards jungle for grazing, it entered the corn-cultivated field of Narayan. At this juncture, infuriated Narayan came with a club (lathi) and started beating it vigorously, resultantly it fell down. Seeing the ox falling down, Ishwar returned home and gave information to his father, where-after he and Ishwar came back, searching for the ox, which was found lying dead on the bulwark of Narayan's field.;