[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO. 313/2008 RATNA RAM Vs. STATE OF RAJASTHAN DATE: 08.04.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Naveen Kr. Sharma for the accused-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 19.03.2008 passed by the Additional District & Sessions Judge (Fast Track) No.3, Ajmer, Camp Kishangarh in Sessions Case No. 5/2008, whereby charge for the offence under Section 3/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter And Regulation of Temporary Migration or Export) Act, 1995 (For short 'the Act of 1995') has been framed against the accused-petitioner. In brief the facts of the case are that on 22.07.2007 at about 6:30 p.m., one Shri Prabhu Ram submitted a written report at Police Station Roopngarh for the incident took place on 22.07.2007 at 8:30 a.m. On receipt of the aforesaid written report, FIR No. 86/2007 was registered by the police against the petitioner and two other accused persons for the offence under Sections 429 and 504 IPC and investigation [2] commenced. After thorough investigation, the police submitted charge-sheet dated 19.09.2007 before the Civil Judge (Jr. Division) & Judicial Magistrate, Kishangarh, for the offence under Section 3/8 of the Act of 1995 against the present accused-petitioner only. The case was committed to the Court of Additional District & Sessions Judge, Kishangarh and thereafter the same was transferred to the Court of Additional District & Sessions Judge (Fast Track) No.,3 Ajmer, Camp Kishangarh. The Court below after hearing the parties, framed charge against the accused- petitioner for the offence under Section 3/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter And Regulation of Temporary Migration or Export) Act, 1995 vide order impugned dated 19.03.2008. Aggrieved and dissatisfied with the aforesaid order dated 19.03.2008 framing charge against the accused-petitioner, the present criminal revision petition has been preferred by the petitioner on the ground that from perusal of the FIR and the material available on record, the offence under Section 3/8 of the Act of 1995 is not made out against the accused-petitioner. Learned counsel for the petitioner referred Section 3 of the Rajasthan Bovine Animal (Prohibition of Slaughter And Regulation of Temporary Migration or Export) Act, 1995 which [3] reads as under:- “3. Prohibition of slaughter of bovine animal: Notwithstanding anything contained in any law for the time being in force or in any usage or custom to the contrary, no person shall slaughter or cause to be slaughtered or offer or cause to be offered for slaughter any bovine animal.” Learned counsel for the petitioner also referred the definition of “slaughter” defined in Section 2(m) of the Act of 1995. “Slaughter” means intentional killing by any method and for any purpose whatsoever. Further Section 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter And Regulation of Temporary Migration or Export) Act, 1995 deals with penalty which reads as under:- 8. Penalty- (1) Whoever contravenes or attempts to contravene or abets the contravention of the provision of Section 3 shall, on conviction, be punished with a rigorous imprisonment for a term which shall not be less than one year but may extend to ten years and with fine which may extend to ten thousand rupees. (2) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of Section 4 or Section 5 shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to five years and with fine which may extend to five thousand rupees.” [4] I have heard learned counsel for the accused-petitioner, learned Public Prosecutor for the State and carefully gone through the order impugned dated 19.03.2008 passed by the Court below framing charge against the petitioner for the offence under Section 3/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter And Regulation of Temporary Migration or Export) Act, 1995. Even as per the definition no motive of killing is covered under the Act of 1995 and for framing charge, the trial Court has only to examine whether prima-facie case, as per the material available on record, is made out or not. In the instant case, the police filed challan after thorough investigation and the post-mortem report reveals this fact that the death of cow was on account of injuries caused by the accused. Even otherwise also, Hon'ble the Supreme Court in the case of State of M.P. Vs. S.B. Johari And Others, reported in (2000)2 SCC 57, has held that Court has only to see whether prima facie there was sufficient ground for proceeding against the accused- It cannot appreciate the evidence to arrive at a conclusion in the matter- On facts, High Court in revision erred in quashing the charge framed against the accused by the trial Court by appreciating the material produced by the prosecution and on that basis deciding that [5] accused was not guilty. Therefore, at this stage, no interference whatsoever is required in the order impugned dated 19.03.2008 framing charge against the accused- petitioner for the offence under Section 3/8 of the Rajasthan Bovine Animal (Prohibition of Slaughter And Regulation of Temporary Migration or Export) Act, 1995. Consequently, the criminal revision petition fails being devoid of merit and the same is hereby dismissed. (K.S. RATHORE),J. /KKC/