KHUSHIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision is directed by Khushia and Jamshed, accused, against the judgment dated 10.3.2001 passed by the Additional Sessions Judge, Gurgaon, whereby their appeal was dismissed and judgment dated 6.4.2000 and order dated 7.4.2000 passed by Sub Divisional Judicial Magistrate, Nuh, vide which the petitioners were found guilty under Section 8 of the Cows Slaughter Act and were sentenced to 18 months R.I. were up-held.

(2.) BRIEFLY stated, the facts are that on 5.3.1994, Lal Singh, ASI alongwith other police officials was present in Government vehicle bearing registration No. HYG-4123 in connection with the investigation of case No. 6094 under Sections 138, 148, 323 IPC at Addbar Chowk, Nuh, Head Constable Raj Singh was the driver of the said vehicle. He received secret information that the petitioners alongwith their co-accused Sujat (now proclaimed offender) were slaughtering three cows in the 'Dehar' of village Hussainpur in the south of Hussainpur-Hodal road and if raided could be apprehended red-handed. Accordingly, they went to the spot and found that Sujat and Khushia were removing the skin of the cow with the help of knives and Jamshed was making pieces of beef with an axe. The police party tried to overpower them but they succeeded in running from the spot. One axe, two knives, three ropes, 3 cows skins and about 5 kgs. of beef of each slaughtered cow were recovered from the spot. The same were taken into possession vide memo. Ruqa was sent through Constable Dharamvir, on the basis of which formal FIR was recorded. The site plan of the place of recovery was prepared. Statements of the witnesses were recorded. After the completion of the investigation, the police presented the challan under Section 173 Cr.P.C.

(3.) THE petitioners were charged under Section 8 of the Punjab Prohibition of Cows Slaughter Act, 1955, for contravention of Section 3, to which they pleaded not guilty and claimed trial.