STATE Vs. NUR BUX AND ORS.

JUDGEMENT

(1.) This is an appeal on behalf of the State against four persons, Nur Bux, Babu, Sabir and Mohammad Bux, who had all been charged Under Sec. 4 of the UP Prevention of Cow. Slaughter Act of 1956. They had all been convicted by the Magistrate and Nur Bux, Babu and Mohammad Bux were sentenced to one month's rigorous imprisonment, while Sabir, who is a lad of about 12 years was let off after admonition under the UP First Offenders Probation Act.

(2.) The accused are said to have slaughtered two bullocks whose ages according to the veterinary doctor were 4 years and 6 years. So far as the evidence on the record is concerned, we do not think that it can be challenged. It was believed by both the courts below. The trial court was of the opinion that since the bullocks were young and they had not outlived their utility as draught animals, the accused could be convicted under the said Act, inspite of the decision of their Lordships of the Supreme Court.

(3.) After the conviction there was an appeal before the Session Judge of Hamirpur, who came to the conclusion that the Act as regards bullocks had been declared void and unconstitutional. Therefore, no distinction could be made on that ground and therefore, the Sessions Judge acquitted the accused Against their acquittal the present Government appeal has been filed and it has been contended that both the courts below had entirely ignored the amendments made by the UP Prevention of Cow Slaughter (Amendment) Ordinance (Ordinance II) of 1958, which had been published in the UP Government Gazette dated June 13, 1958. This slaughter took place on June 29, 1958 and therefore, the amending ordinance had come into force. Originally as Sec. 3 stood, is was as follows: