GULDIN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecution case in brief is that on 23.2.1990, SI Ramphal, SHO, P.S. Nuh was present at Bus Stand of village Ghasera in connection with patrolling along with ASI Ram Dhan, HC Om Parkash, HC Hem Chand, constables Krishan Kumar and Satyadev. They received secret information that accused Kayyum alias Langda, Smt. Mehlo w/o Kayyum, Lodha son of Ghasita, Guldin son of Masita, Sahabu son of Yasin residents of village Ghasera and 3-4 others were slaughtering the cows in the house of accused Sahabu and if timely raid was conducted, they could be caught red handed while slaughtering cows. On receipt of this information, ruqa Ex.PA was sent to PS Nuh for the registeration of case on which case FIR No. 64 was registered at PS Nuh on 23.2.1990 under Section 3/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (in short the Act.) SI Ramphal accompanied by ASI Ramdhan etc. raided the house of Sahabu accused. Accused Shaukat, Lodha, Kayyum etc. were found slaughtering the cows. On seeing the police party they ran away. 11 cow skins, 3 knives, 70-80 kg. beef, two boxes, 7 carcasses, one scale, one wooden block were found lying at the spot. These were taken into possession vide memo Ex.PC. Veterinary Surgeon examined the skin and beef. He reported vide Ex.PW2/A that it was skin 'of the cows and it was beef. After investigation, accused were challaned. Accused were charged under section 3/8 of the Act. They pleaded not guilty to the charge and claimed trial. On the conclusion of the trial, Sub Divisional Judicial Magistrate, Nuh found the charge under section 3/8 of the Act proved against the accused. He accordingly convicted them thereunder. He sentenced them to undergo simple imprisonment for a period of 3 years and to pay fine of Rs. 5,000/-, in default of payment of fine to undergo further (-sic-) for a period of 6 months.

(2.) Aggrieved from this order dated 20/21.4.98 passed by the learned Magistrate, Guldin and Shaukat went in appeal to the Court of session (Crl. Appeal No. 4 of 1998). Similarly, Lodha went in appeal to the Court of Session (Crl. Appeal No. 9 of 1998). Learned Additional Sessions Judge, Gurgaon dismissed their appeals vide order dated 12.5.1999.

(3.) Aggrieved from their conviction and sentence recorded by the learned Magistrate and maintained in appeal by the learned Additional Sessions Judge, Guldin, Lodha and Shaukat have come up in revision to this Court.