Ahmedabad court sentences man to two years in jail for letting cattle stray on road

When the AMC’s cattle nuisance control department officials had attempted to seize the stray cattle, a verbal spat ensued along with Desai issuing threats to the officials.

An FIR was registered under IPC section 308 (culpable homicide not amounting to murder), 289 (whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life), 294(a) (obscene act in public), 186 (voluntarily obstructs any public servant in the discharge of his public functions), 506 (2) (criminal intimidation), and for offences under Prevention to Animal Cruelty Act. Additional public prosecutor Kamlesh Kanjiya told The Indian Express that this is a first-of-its-kind conviction by the sessions court.

“Usually offences under the Prevention to Animal Cruelty Act are tried by the magistrate court, which usually see minor punishment of payment of fines but since this included IPC section 308, this was tried by the sessions court. It is a first that the court has sentenced two years’ imprisonment involving stray cattle, owing to the criminal intimidation aspect,” he said.

The court of additional sessions judge Saranga V Vyas found Desai guilty under IPC section 186 with the court sentencing him to three months’ imprisonment for this offence, and the court also sentenced Desai to six months’ simple imprisonment under IPC section 289.

The court also imposed a fine of Rs 100 under provisions of the Prevention of Animal Cruelty Act.

The court directed that the sentences will run concurrently. The court found that the prosecution could not prove the charges of IPC section 308 and in this regard held Desai to be innocent.

The court took into account the “increase in such offences in the society, and several persons losing their lives due to stray cattle and several others who have been injured.”