GULAB AND OTHER Vs. STATE

JUDGEMENT

(1.) This is an application in revision against the judgment of the Additional Sessions Judge of Partapgarh maintaining the conviction of the applicants under Ss. 298 and 148 of the Indian Penal Code.

(2.) The applicants were prosecuted along with some others under Ss. 298 and 148 of the Indian Penal Code on the allegation that they, along with some others, who have been acquitted, sacrificed a Cow in village Dhalamau with the deliberate intention of wounding the feelings of Hindus. Evidence was led to prove that the applicants, along with some others, bathed a cow, garlanded it and took it along the way to a khandhal where they sacrificed it in the view of others. After sacrificing the cow they took on a not some parts of it with the horns and legs protruding over the cot, along the way to another place. These persons were asked, when they were bringing the cow after bathing and garlanding it, as to where they were taking it to where -upon they told the man that they were taking it for sacrifice and if those persons objected they would also be killed in the same manner. Attaulla is said to have been armed with a gun also. There was also evidence to show that when the cow was being sacrificed in the khandhal some persons were attracted by the groans and they saw the cow being sacrificed. The applicants were then prosecuted along with the others.

(3.) The Defendants denied the offence. The trial Court found the applicants guilty of the offences under Ss. 298 and 148 of the Indian Penal Code and convicted and sentenced them as above. They went in appeal to the Sessions Judge who agreed with the view taken by the Trial Court. He, upheld the conviction but reduced the sentence of imprisonment to three months rigorous imprisonment. The applicants have now come up in revision.