DILSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant Dilshad (herein referred as 'the accused') and Ismail (since acquitted) along with Sheru (since proclaimed offender) have been prosecuted for the offences punishable under Sections 307, 427, 429, 332, 353, 486 read with Section 34 IPC and Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (herein referred as 'the Act'), on the allegations that they ran the truck bearing registration No. HR112054 loaded with wreck and feeble cows, over the police jeep causing injuries to C. Manohar Lal, Shamshudeen, Maqsood and HC Sarup Singh and damaging the jeep badly. Consequently, learned Sessions Judge, Gurgaon, vide its judgment dated 21.10.1999 convicted and sentenced the accused as under: <FRM>JUDGEMENT_338_LAWS(P&H)2_2010.htm</FRM>

(2.) All the substantive sentences were to run concurrently. However, accused Ismail was acquitted of the charges framed against him.

(3.) The brief resume of facts is that on 12.9.1996 HC Rajpal was present on Nuh Taoru road in connection with checking of cow slaughtering along with other police officials. In the meantime, secret information was received to the effect that Sheru son of Ahmad Ali after loading feeble and wreck cows in the truck bearing registration No. HR11-2054 for the purpose of slaughtering, was going towards Rajsthan through Chuharpur valley and on timely action, the cows could be saved from slaughtering. Finding the information to be reliable, a raiding party was organized and a private jeep bearing registration No. HR-6C-3063 owned by Maqsood was arranged and a trap was laid near Haryana Rajasthan border. In the meantime, the accused while driving truck loaded with cows came from Chor Chabutra Nuh Taoru road at a very high speed. Despite signal given to it, the truck was not stopped, but the accused Sheru, with an intention to kill the raiding party hit HC Sarup Singh as also the jeep as a result of which Manohar Lal, Shamshudeen and Maqsood Constables were also injured and the jeep was damaged. However, getting undue benefit of the accident, Sheru fled away. From the search of the truck, five dead cows, 14 wreck cows and 5-6 cows who were struggling for life were recovered. The accused and the truck were taken into possession vide memo Ex.PE. The jeep was taken into possession vide memo Ex.PF. Formal FIR Ex.PH was registered by ASI Baljit Singh for the offence punishable under Section 307/427/429/332/353/486 read with Section 34 IPC and under Section 4(a), 8(2) and 2/80 of the Act. Rough site plan Ex.PH was prepared, the injured were medically examined, statements of the witnesses were recorded and completion of the investigation was followed by a report under Section 173 Cr.P.C.