Deepak Rakshe vs State Of Chhattisgarh

Since common question of law and fact is involved in both the revisions, arising out of common judgment dated 2-12-2008 passed by the Sessions Judge, Mahasamund, in Criminal Appeal No.131/2008, they have been clubbed together, heard together and are being disposed of by this common order.

Four applicants herein have been convicted by the trial Court for offence under Section 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 1,000/- each, in default of payment of fine to further undergo additional rigorous imprisonment for two months. The said judgment of the trial Court has been confirmed by the appellate Court in appeal against which these revisions have been preferred.

Learned counsel for the applicants would submit that both the Courts below are absolutely unjustified in holding that the applicants have committed the offence by recording a finding perverse to the record, even otherwise, the applicants ought to have been sentenced only to fine as the offence in question is punishable with imprisonment or with fine or with both.

Per contra, learned State counsel would oppose both the revisions.

I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection.

Taking into consideration the evidence of seizure witnesses – Sitaram Soni (PW-2) & Arun Sahu (PW-3), investigating officer – Vishnu Prasad Sahu (PW-4) and veterinary doctor – Dr. C.S. Chandrakar (PW-1), who has examined the seized cattle, I am of the considered opinion that the trial Court is absolutely justified in convicting the applicants under Section 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. The said finding recorded by the trial Court which has been affirmed by the appellate Court is a finding of fact based on the evidence available on record, it is neither perverse nor contrary to the record and I hereby affirm the conviction of the applicants.

Now, the question of sentence comes in.

The applicants have been convicted for offence under Section 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004. Since the offence under Section 10 of the said Act of 2004 is punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees or with both, so far as the sentence is concerned, I hereby sentence the applicants for the period already undergone by them, however, the fine is enhanced to Rs. 5,000/- each. Additional amount of Rs. 4,000/-each will be deposited within a period of 45 days from today, failing which the applicants will be required to undergo imprisonment for three months. The criminal revisions are allowed in part to the extent indicated herein-above.