HARMESH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners were tried and convicted by the learned Judicial Magistrate First Class, Jalandhar under sections 3, 5 and 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as the Act) and were sentenced to undergo R.I. for one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo R.I. for 15 days. In appeal their sentence was reduced from one year to six months, by the learned Addl. Sessions Judge, Jalandhar on 19.10.2000. This has occasioned the filing of the present revision.

(2.) ACCORDING to the prosecution the petitioners along with Laxman alias Laddu, Amnuwal and Wilson had booked 6 wagons for the transportation of cows, bullocks and calves from Garhshankar to Howrah. It was mentioned in the Railway receipts that all the cows were not yielding milk and were being transported for agricultural purposes. When the Hindus residing in Nawanshahar came to know that this averment was not true they stopped the train on 14.5.1992 and informed the Station Master, Nawanshahar that they would not permit the transportation of all those cows for being slaughtered. The SDM, Nawanshahar got the cows removed and these were handed over on sapurdari for being kept in Gowshala of Nawanshahar. SI Surjit Singh on coming to know of the incident went to Railway Station and recorded the statement of one Miss Geeta Bhasker which was made the basis of the First Information Report. On completion of the investigation the challan was put in court and charges were framed against the petitioners. Laxman alias Laddu, Amnuwal and Wilson accused were declared as proclaimed offenders. The trial ended in conviction as indicated hereinbefore.

(3.) I have given my thoughtful consideration to the submissions made by the learned counsel for the petitioners.