LAWS(P&H)-2004-1-48

SAHABUDDIN Vs. STATE OF HARYANA

Decided On January 07, 2004
SAHABUDDIN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) SAHABUDDIN and Ramjan, the petitioners herein, were charged under Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as 'the Act') for contravening the provisions of Section 3 of the Act. They stand convicted vide impugned judgment dated 20.4.1999 passed by the learned trial Court for the said charge and have been sentenced to undergo simple imprisonment for 15 months each. Aggrieved by the judgment of the learned trial Court, they preferred an appeal and the same also stands dismissed vide impugned judgment dated 27.1.2000 passed by the learned Appellate Court. Hence, this revision.

(2.) I have heard Mr. Ramesh Chahal, learned counsel for the petitioners and Mr. Bijender Dhankar, AAG, Haryana. With their assistance, I have also gone through the records of the case.

(3.) DEVELOPING his argument, learned counsel for the petitioners submits that so far as Ramjan petitioner No. 2 is concerned, the prosecution has not been able to fix his identity. Learned counsel contends that the only evidence collected by the prosecution against Ramjan petitioner is the statement of Sahabuddin his co-accused at the time of his arrest. In this regard, learned counsel has drawn my attention to ruqa Ex.PW2/C which is the basis of the registration of the FIR. My attention has also been drawn to the statement of the witnesses recorded during the trial. Learned counsel basing his arguments on the aforesaid submissions, pray for acquittal of Ramjan petitioner.