TAYYUB Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order disposes of both the afore-mentioned revision petitions filed against the judgment dated 22.09.2012 passed by learned Additional Sessions Judge, Nuh dismissing appeals filed by the present petitioners-convicts against the judgment of conviction dated 18.03.2010 and order of sentence dated 19.03.2010 passed by learned Judicial Magistrate 1st Class, Ferozepur Jhirka convicting the petitioners-convicts for the offences under Section 8 read with Section 3 of Punjab Prohibition of Cow Slaughter Act, 1955 as applicable to the State of Haryana (hereinafter referred to as 'the Act') and under Section 8 read with Section 5 of the Act and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs.5,000 each for the offence under Section 8 read with Section 3 of the Act and in default of payment of fine, to further undergo rigorous imprisonment for a period of 90 days and sentenced to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs.5,000 each for the offence under Section 8 read with Section 5 of the Act and in default of payment of fine, to further undergo rigorous imprisonment for a period of 90 days. However, it was ordered that both the sentences shall run consecutively i.e. one after the other. I have heard learned counsel for the petitioners, learned counsel for the respondent-State and have gone through the whole record.

(2.) BRIEFLY stated, case of the prosecution is that secret information was received by the police against the petitioners-convicts Tayyub son of Nijri and Jallu son of Kamruddin that they are indulging in the business of cow slaughtering and on that day also, they would bring the skins of cows after slaughtering the cows by keeping the same in a TATA-407 tempo to village Gumat via Ghaghas kacha way and if a raid is conducted, they could be apprehended. As the information was reliable, a raiding party was prepared and a nakabandi was laid. A TAT tempo of green colour was seen coming from kacha path of village Ghagha side. The driver of the tempo stopped the same at a distance from police party. Petitioner-accused Tayyub and Jallu succeeded in running towards fields and however, they were identified by the secret informer as well as by the police officials. Driver of the tempo was over-powered by the police party and however, petitioners-convict Tayyub and Jallu succeeded in escaping. Driver is petitioner-convict Shree Ram.

(3.) AT the time of issuing notice of motion, it was contended by learned counsel for the petitioners-convicts that they do not want to press the present revision petitions so far as the judgment of conviction passed by learned trial Court and as affirmed by learned Appellate Court is concerned. Hence, notice of motion was issued qua quantum of sentence only. I have also gone through both the judgments passed by learned Courts below. The same are based on evidence and it cannot be said that any illegality or material irregularity has been committed by both the Courts below warranting interference by this Court in its revisional jurisdiction. Hence, the judgment of conviction as passed by learned trial Court and as affirmed by learned Appellate Court is, hereby, affirmed.