SAHABU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition is to the judgment dated 9.7.2014 passed by the Additional Sessions Judge, Mewat vide which the appeal against judgment of conviction dated 16.7.2013 and order of sentence dated 17.7.2013 passed by Judicial Magistrate First Class, Nuh, Mewat was dismissed.

(2.) The trial Court vide its judgment of conviction dated 16.7.2013 and order of sentence dated 17.7.2013 held the accused guilty for the commission of offence punishable under Section 4-A read with Section 8 of Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3000/-.

(3.) The facts of the case, in brief, are that on 31.7.2010, ASI Vijay Pal along with Constable Gopal, Head Constable Mahesh Pal, EHC, Harish, Constable Rati Ram and Constable Tek Chand were present in a private vehicle near bus stand Shokh in relation with petrol duty. A secret information was received that one Sahabu son of Gurgani who is a cow slaughterer by profession is transporting some cows from Haryana to Rajasthan through Palla hills for the purpose of slaughtering them. On this basis, raiding party was preapred and nakabandi was done. Police party tried to join independent persons in the raiding party but as they belonged to same religious sect as that of the accused, so none of them agreed. After 20-25 minutes accused was seen walking in Palla hills at the place told by the informant with some cows. Policy party caught hold of him. Accused told his name to be Sahabu son of Gurgani resident of Village Sudaka PS Nuh, District Mewat. There was a white plastic bag in right hand of the accused. When said bag was checked, then one knife, one Axe, one Wooden block and some rope was found in it. Plastic bag and things contained in it were sealed and taken in custody of police. Eleven cows which were weak and feeble, were recovered from the accused. In this background, FIR was registered. On completion of the investigation, challan was presented in the Court.