Hon’ble Mr. Ajeya Matilal, Presiding Member
Both parties are present through their Ld. Advocates.
Heard both sides.
Being aggrieved by and dissatisfied with judgment passed by Ld. DCDRC, Purba Medinipur dt. 09.07.2018 dismissing the CC/50/2016, the appellant / complainant preferred this appeal.
The Ld. Advocate for the appellant submits that there are some anomalies regarding the fact of death of a cow. It is alleged with the so called incident took place on 06.03.2016 and the certificate of death of the cow concerned was issued by Veterinary Officer Block Animal Health Centre, Kolaghat, Purba Medinipur on 08.03.2016, It is also alleged by the complainant / appellant. It is highlighted by the respondent that there is no post mortem report in respect of cow concerned.
The 2nd point raised by the party concerned is that in the injury report nothing has been mentioned to the effect that the said Kakali Metya received any electric shock. It was also pointed out that before the Commission below a report has been submitted by D.E and Station Manager wherefrom it appears that the cow was fastened to a telephone post and there was no LT line.
So, considering the anomalies in the judgment we find that the matter should be decided by the Commission below after giving due consideration of evidence on record and it should be remanded back.
With the view of above observation the appeal being no. 925 of 2018 is allowed. The impugned order is set aside.
The Ld. Commission below is requested to dispose of the case within 2 months from the date of communication of the order after due consideration of evidence on record already adduced by both sides without being influenced by any observation made by this Commission.
Parties are directed to appear before the Commission below on 21.08.2023.
Let a copy of this order be sent to the Ld. Commission below.
Joint Registrar of this Commission is directed to do the needful in this regard.
