HARUN AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been preferred by eleven persons, namely Harun, Asluf, Asru, Mohd.Harun, Isri @ Tota, Ali Mohd., Behra @ Abbas, Sheru, Sher Mohd., Pappu and Jafru. They have directed this appeal against the judgment dated 7th December, 2002 rendered by Additional Sessions Judge (Adhoc), Fast Track Court-II, Faridabad, whereby the appellants were held guilty of offence punishable under Sections 148, 332/149, 324/149, 353/149, 342/149 IPC and Section 3 of the Punjab Prohibition of Cow Slaughter Act, 1955. However, the prosecution story for the offences under Sections 333/149, 307/149, 395/149 and 397/149 IPC was not accepted and the appellants were acquitted of these charges.

(2.) The appellants were sentenced to undergo rigorous imprisonment for one and a half year and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo rigorous imprisonment for two months under Sections 148 IPC. A similar sentence was also awarded to the appellants for offence under Sections 332 and 324 IPC. They were further sentenced under Section 353 IPC to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- each, in default of payment of fine to further undergo rigorous imprisonment for two months. Under Section 342 IPC the appellants were sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 250/- each, and in default of payment of fine to further undergo rigorous imprisonment for one month. All the appellants were also sentenced under Section 3 read with Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/- each, and in default of payment of fine to further undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently.

(3.) All the aforesaid eleven appellants were named as accused, along with Sahid and Ashraf, in case FIR No. 129 dated 11.06.1998 registered at Police Station Hathin under Sections 148, 332, 333, 353, 342, 307, 395, 397, 149 IPC and Section 3 of the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as, the Act ). Sahid and Ashraf were declared as proclaimed offenders.