(1.) STATE of Haryana has preferred this appeal impugning judgment dated 03.11.2014 passed by the learned Additional Sessions Judge, Ambala whereby respondents Deepak son of Madan and Shahnawaz son of Sayyed Hasan have been acquitted of the charges of the offences under Sections 307, 420, 473, 427 IPC, Section 8 of The Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 against them.
(2.) BRIEF facts as set forth by the prosecution are that on 01.06.2012. ASI Jeet Singh alongwith Parmod Kumar and Constable Kuldeep Singh were present in village Patherheri while patrolling. Secret information was received by ASI Jeet Singh that the owner of a truck make LP with KRC written on both sides, registration No. HR -38 -D -4790 was being used to send cows and oxen from Punjab to UP via Haryana for slaughtering by the owner of the said truck. Said truck was informed to be coming from Shahzadpur via village Sadikpur and Sadhora for proceeding to Uttar Pradesh. It could be apprehended on taking requisite measures. Information was conveyed to Incharge PCR No. 9 for reaching Sadikpur turn at Shahzadpur.
(3.) ON checking, 17 injured oxen in a pitiable condition were found loaded in the truck. Oxen were taken in possession along with truck. Two number plates bearing numbers PB -12B -4039 and UP -11 - R7087 were recovered from the cabin of the truck which were also taken in possession. On an application to veterinary Dr. Shruti Aggarwal, medical examination of oxen was conducted. Oxen were then handed over to Shri Krishna Gaushala Samiti, Naraingarh vide temporary sapurdari Ex. P22. Formal FIR No. 71 dated 01.06.2012 was registered. Rough site plan of the place of occurrence prepared.