PARASRAM JI Vs. IMTIAZ

JUDGEMENT

(1.) This criminal revision application, which has been filed by the Secretary of the Gohatya Nirodh Samiti of Muzaffarnagar against the acquittal in appeal of certain persons who had been convicted by a first class Magistrate of that district for an offence under Section 8 of the U. P. Prevention of Cow Slaughter Act, raises an interesting point regarding the distinction between attempt to commit an offence and mere preparation for an offence.

(2.) The prosecution case was that at about 6 p.m. on 29-1-1959 Head Constable Deep Chand of Police Station Titavi, being informed that some persons had collected a number of cows in a piece of waste land in the vicinity of the police station with the object of slaughtering them, proceeded to the spot along with a number of witnesses; and when he arrived there he found a cow lying on the ground tied up with rope, being held down by Sharif and Khairati accused, while Imtiaz accused stood by with a knife in his hand. Three other persons Ishtiaq, Rafiq and Hanif were also present on the spot along with a herd of 51 cows and calves.

(3.) The Magistrate who tried the case accepted the prosecution story in its entirety and convicted all the six of the accused for an offence under Section 8 of the U. P. Prevention of Cow Slaughter Act. Imtiaz, Sharif and Khairati were sentenced to six months' R. I. and a fine of Rs. 200/- each, while Hanif, Rafiq and Ishtiaq were sentenced to three months' R. I. In appeal however the Additional. Sessions Judge of Muzaffarnagar found that Hanif, Rafiq and Ishtiaq were mere onlookers; while as regards Imtiaz, Sharif and Khairati he came to the conclusion that the acts attributed to them fell short of proving an attempt to slaughter the cow and amounted to nothing more than mere preparation, which would not make them criminally liable. Accordingly all six were acquitted.