Lalita Devi And Ors vs State Of Jharkhand

The instant application is directed against the judgment dated 15.03.2013 passed by the learned Additional Sessions Judge-V, Dhanbad in Criminal Appeal No.78 of 2013, whereby the order dated 07.02.2013 passed by the Judicial Magistrate, 1st Class in P.C.A. Case No.67 of 2013, has been affirmed.

The petitioners have been found guilty and sentenced by the learned trial court and fined for the offence under Section 3/11(1)(a)(b)(c)(d)(f)(h)(i)(k), 38(3) of the P.C. Act 1960 and rules of 47,48, 49, 50, 52, 54, 96/97 of 1978 and under Section 4(a), 4 (b)(2) of B.P.I. & Act, 1956 and sentenced to undergo R.I for 6 months and fine of Rs.1,000/- each under Section 4(d)/12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.

At the outset, it is observed that the petitioners after surrender pleaded guilty of offence by filing petition before the learned trial court and the learned trial court has sentenced the petitioners to undergo R.I for 6 months for the offence committed under Section 4(d) 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and to pay a fine of Rs.1,000/- each in view of the first offence i.e. offence committed under P.C. Act, 1960.

The learned counsel for the petitioners fairly submits that the petitioners are having no grievance with respect to the payment of fine of Rs. 2,150/- and the said amount has already been paid by the petitioners. However, it has been strongly contended that so far as the question of sentence with regard to offence under Section 4(a) and 4 (d) of the Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005 is concerned whereby 6 months imprisonment has been sentenced and a fine of Rs.1,000/- each, no question under Section 313 Cr.P.C has been asked from the accused persons for this Section. Moreover, no offence is made out against the petitioners for the aforesaid offence as per the prosecution case. In this view of the matter, the learned counsel for the petitioners submits that this part of the order of the learned trial court which has been upheld by the learned appellate court suffers from error and the petitioners need to be acquitted for the aforesaid charges. Alternatively, he has submitted that the petitioner nos.1, 2 and 3 are aged about 60, 65 and 40 years respectively, and all the petitioners are the first offenders and there is no criminal antecedent whatsoever against them as such the petitioners may be granted the privilege of Section 4 of Probation of offenders Act, 2019.

The learned APP has opposed the prayer of acquittal but he does not oppose the statement that there is no criminal antecedent of the petitioners and they are first offenders.

Heard learned counsels for the parties and perused the material available on record. Admittedly, the petitioners have admitted their guilt for the offence under Prevention of Cruelty to Animals Act, 1960 and, therefore, there were no occasion for proper cross examination of the witnesses with regard to the allegation made in the FIR. Keeping in mind the scope of revisional jurisdiction, I am not inclined to interfere with the finding of the learned trial court as well as learned appellate court. However, appreciating the submissions of the learned counsel for the petitioners with regard to the fact that they are the first offenders and also looking to their age, I am of the considered opinion that since the petitioners are the first offenders and the charge is not very grave in nature and also the petitioners themselves pleaded guilty before the trial court at the first instance, shows their bona fide as such they are entitled for the benefit of Section 4 of Probation of Offenders Act. In this view of the matter, the petitioners are hereby directed with warning not to repeat the act in future and if they are found guilty for the act in future, they will serve the sentence, which has been passed by the learned court below.

With the aforesaid observations and directions, the instant revision application is disposed of.

Let the lower court records be sent to the concerned court forthwith.