BAFATI Vs. STATE

JUDGEMENT

(1.) This is a Revision application by Bafati against the order of the Additional Sessions Judge of Fatehpur dismissing his appeal and thereby maintaining his conviction and sentence of an offence punishable under Section 8 of the U. P. Prevention of Cow Slaughter Act (to be referred hereinafter as the Act) for contravention of Section 9 thereof.

(2.) The prosecution case is that on 5-9-1961 Sub-Inspector Kaip Nath Singh of police station Khaga received information that the applicant was coming to Khaga to sell beef as usual. On receipt of the information Sub-Inspector accompanied by police constables and a few witnesses proceeded to the north of the bus stand situate on Naubasta Road, and after they had covered a distance of one furlong they saw the applicant coming from the opposits direction on a bicycle with a bundle tied to its carrier on seeing the police party the applicant threw his bicycle and ran away. In spite of the chase he could not be arrested. The bundle was suspected to contain beef and consequently its contents were sealed and sent to the Assistant Veterinary Surgeon of Vijaipur dispensary for examination and report. Faiz Ahmad, Assistant Veterinary Surgeon, examined its contents and expressed an opinion that it was flesh of a young cow or bullock.

(3.) The applicant pleaded not guilty and denied all the allegations made against him.