LAWS(P&H)-1999-5-101

SAHAB SINGH Vs. STATE OF HARYANA

Decided On May 11, 1999
SAHAB SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE prosecution case in brief is that on 1.6.1994, police party headed by HC Mulakh Raj was present in connection with patrolling and crime detention at Jathlana Ghat, Yamuna river. Truck No. PB-11-A-8598 came along the kacha rasta from the side of village Radaur. HC Mulakh Raj became suspicious that cows were being taken for being slaughtered in that truck to Uttar Pradesh and therefore the truck was signalled to stop. The truck accordingly stopped. The truck was found loaded with 14 cows. Rafik and Nasim (Muslims) were found sitting in that truck. Sahab Singh (Hindu) was also found sitting in that truck. They could not produce any licence or permit for carrying cows to the State of Uttar Pradesh for being slaughtered. Ruka was sent to Police Station, Raduar for the registration of the case against the accused under Section 4-B/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 and on the basis of that ruka, case FIR No. 125 dated 1.6.1994 was registered against them under Section 4-B/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 at Police Station, Radaur. After investigation, Rafik, Nasim and Sahab Singh were challaned.

(2.) THEY were charged by the learned Magistrate under Section 4-B/8 of the Punjab Prohibition of Cow Slaughter Act, 1955. They pleaded not guilty to the charge and claimed trial.

(3.) AGGRIEVED from this order dated 5/9.3.1998 passed by the Chief Judicial Magistrate, Jagadhri, Rafik, Nasim and Sahab Singh went in appeal to the Court of Session. Learned Additional Sessions Judge, Jagadhri dismissed their appeal and found the conviction and sentence to be in order vide order dated 24.2.1999.