STATE OF U P Vs. NOOR ALI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 21-1975 passed by Extra Magistrate Bijnor acquitting Noor Ali, Ramzani of village Seda, Jamil Ahmad respondent of village Neehdru of the offence punishable under section 8 of the U. P. Prevention of Cow Slaughter Act, 1955 (U. P. Act No. I of 1956) hereinafter called the Act.

(2.) BRIEFLY stated that case of the prosecution was: On 21-10-1972 at about 11. 15 P. M. Som Dutt Tyagi (P. W. 1), Station Officer Dhampur learnt from an informer that some persons would slaughter cows in the Ahata of Noor Ali respondent (Pradhan of village Seda). Thereupon Som Dutt Tyagi collected two sub-inspectors and 8 constables and reached village Sedhi. Balram Singh (PW 3) was taken from Sedhi. Then the police party reached Ibrahimpur which is about a furlong from village Sedhi. On reaching Ibrahimpur, he went to the house of Jiraj Singh (PW 2) Pradhan of village Ibrahimpur and called Shiv Charan Lal of village Sedha (PW 4) there. Village Seda is 9 kilometers from the police station Dhampur. There are Jhunds to the north of the Ghera of Noor Ali All the members of the police party saw from behind the Jhunds that the three respondents and one Abdul Shakoor were cutting pieces of flesh. Then the members of the police party rushed and apprehended all the four persons. Two skins, four horns were lying aside. Flesh about four maunds was in four gunny bags. The remaining flesh was being cut by the four persons. One axe, one scale with two weights, four Chhuries, a piece of wood etc. were at the scene of occurrence. Som Dutt Tyagi prepared recovery memo at the scene of occurrence and then took away the four arrested persons and the articles to the police station.

(3.) THE learned magistrate acquitted the respondents on three grounds mentioned below : (1) Jiraj Singh had old enmity and litigation with Noor Ali. Noor Ali was awarded an award for showing; courage in an encounter with the dacoits. THE prosecution witnesses did not admit this fact. Jiraj Singh remained present in court throughout. (2) THE two cows were slaughtered within a diameter of 10 steps, it was not believable. (3) As there was no obstruction in the Gher of Noor Ali the respondents could easily escape and could not haw been apprehended by the police party.