IBBAR @ IBRAHIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused by invoking revisional jurisdiction of this Court is assailing judgement dated 13.6.2009 passed by the Judicial Magistrate First Class, Ferozepur Jhirka and judgement dated 10.2.2011 passed by the Additional Sessions Judge, Nuh, whereby accused was found guilty for commission of offence punishable under Section 3/8 and 5/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as the 1955 Act) and was directed to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- under Section 3/8 of the 1955 Act and in default of payment of fine, to further undergo rigorous imprisonment for 90 days; he has further been directed to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 1000/- under Section 5/8 of the 1955 Act, and in default of payment of fine, to further undergo imprisonment for 90 days. Both the sentences were directed to run consecutively i.e. one after the other. Appeal filed by the accused was also dismissed with the modification that both the substantive sentences awarded to the accused shall run concurrently.

(2.) The prosecution story is that on 1.1.2008, HC Devi Ram with other police officials, was out of patrolling and crime detection and was present at Badarpur T-point in area of Police Station Nagina, where he received a secret information that Ibbar alias Ibrahim son of Umar Mohammad, Caste Kasaai, Resident of village Badarpur, deals in slaughtering cows. On that day he had slaughtered a cow and was going to sell beef from his village to Bukharaka on bicycle and if police picket was held on Katcha path from Badarpur to Bukharaka, he could be caught red handed carrying beef on his bicycle. The secret information was reliable and trust-worthy. HC Devi Ram held nakabandi on Bukharaka to Badarpur Katcha path and after half an hour, one person was seen coming on a bicycle with a gunny bag on rear seat. Who on seeing the police party tried to turn back. HC Devi Ram with his companions followed him, who on seeing the police party dropped the bicycle and ran in mustard fields. He was chased by police party but made his escape good. He was identified by secret informant as Ibbar @ Ibraim S/o Umar Mohd R/o Badarpur. On returning to the spot, the gunny bag was found containing 45 kilograms beef. HC Devi Ram prepared rukka and sent the same to SHO P.S. Nagina on which FIR No. 1 dated 1.1.2008 under Sections 3/8 and 5/8 of the Act was recorded. He took the bicycle and beef in possession and prepared rough site plan of the place of recovery and recorded statements of prosecution witnesses under Section 161 Cr.P.C.. On the same day he produced the recovered meat before Dr.Sanjeev Khan, Veterinary Surgeon Sakras who examined the same and opined that the recovered meat was beef. Thereafter accused was arrested after obtaining orders from Illaqua Magistrate, the beef was destroyed. After completion of investigation and other formalities challan under Section 173 Cr.P.C was prepared and presented in the Court of Illaqua Magistrate for putting the accused on trial.

(3.) Prosecution to prove prosecution story has produced Dr. Sanjiv Khan, Veterinary Surgeon PW1, HC Devi Ram PW2, Constable Amar Singh PW3, EHC Har Bhajan Singh PW4 and ASI Fazruddin PW5. Statement of accused under Section 313 Cr.P.C. was recorded thereafter. Accused did not plead guilty and claimed trial.