JAMIL AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been preferred by three petitioners, namely, Jamil, Hakku and Ashu sons of Chhajju. They were named as accused in case FIR No. 244 dated 16.12.1995 registered at Police Station Ferozepur Jhirka under Section 3/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter to be referred as, 'the Act').

(2.) The Court of Sub Divisional Judicial Magistrate, Ferozepur Jhirka vide judgment dated 22.3.1999 had sentenced the petitioners to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/each. In default of payment of fine, they were to undergo further rigorous imprisonment for one month. Aggrieved against the judgment of the trial Court, the petitioners had filed an appeal. The lower Appellate Court found no merit in the appeal and dismissed the same.

(3.) In the present case, FIR was registered on the basis of ruqa Ex.PW1/A sent by ASI Vidyanand PW5. In the ruqa ASI Vidyanand stated that he along with his companion police officials was present at Mahu Chowk, in connection with patrolling duty and search of suspicious persons, when a special informant gave information that Jamil, Hakku and Ashu sons of Chhajju on the hills of Mahu are slaughtering the cows. In case a raid is conducted, live cows can be apprehended. On 16.12.1995 at 4.25 P.M., a raiding party was constituted, which reached near the place of slaughtering. They saw accused Jamil peeling the skin of a cow. Ashu was helping and Hakku had caught hold of neck of the cow. At that time, four other cows were tied there. When ASI Vidyanand reached near the place of occurrence, at that time, Jamil was placing the skin of the cow on the ground. On seeing the police party, all the three accused ran away from the spot. From the spot, one blood stained skin of a cow, 75 Kgs. cow meat, one dagger and four live cows were recovered and were taken into possession vide recovery memo Ex.PA/1. ASI Vidyanand prepared rough site plan Ex.PC of the spot.