In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 49 of 2009 Date of Decision:February 25, 2009 Lalli alias Mohmood and others ---Petitioners versus State of Hasryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. B.S.Tewatia, Advocate, for the petitioners Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Petitioners were convicted for an offence under Section 3/8 of the Cow Slaughter Act (hereinafter referred to as 'the Act”) vide judgment dated 22.9.2007 by Sub Divisional Judicial Magistrate, Ferozepur Jhirka. Vide order dated 26.9.2007 passed by learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, petitioners were sentenced to undergo rigorous imprisonment for one year and fine of Rs. 200/- each under Section 3/8 of the Act. Aggrieved by the same, petitioners preferred an appeal and the same was dismissed by learned Additional Sessions Judge, Gurgaon vide judgment dated 23.12.2008. Hence, the present revision petition. Crl. Revision No. 49 of 2009 -2- Prosecution story, in brief, as noticed by the learned Appellate Court in paras 2 to 4 in its judgment, is as under:- “2.As per case of the prosecution, on 7.2.2000, ASI Sarup Singh Incharge, Police Post Pinangwan had received an information that Lallu son of Gutari, his brother and two more persons were slaughtering a cow near railway line, at a distance of 5-6 kill towards Kathpuri and if a raid was conducted, they could be caught red handed while slaughtering the cow. On this information, ASI Sarup Singh sent a rukka Ex. PA to Police Station for registration of a case for the offence under Section 3 read with Section 8 of the Act. On the basis of that, FIR Ex. PB was drawn by Ashok Kumar Head constable. 3. ASI Sarup Singh then constituted a raiding party. He joined in the raiding party Head constable Devender Singh, Constable Khem Chand and Constable Moti Lal and went to the disclosed place. On reaching there, he found that four persons were removing the skin from a already slaughtered cow. One of them was also found cutting and removing beef from the place from where skin had already been removed. On seeing the police party, they ran away from the spot leaving skin of the cow stained with blood, 80 Kg. Beef, a scale, a rope, three knives and an axe which were taken into possession vide memo Ex. PD. Rough site plan of the place of occurrence Ex. PE was prepared. 4. When the police party was returning to police station with case property, on the way, they were attacked by a mob and Crl. Revision No. 49 of 2009 -3- they took away case property. Regarding said occurrence, a case was got registered against them for the offence under Sections 332. 353. 186. 341. 201, 147 and 148 IPC. Accuse Lallu alias Mehmood and his brother Fajjar were arrested. They were interrogated. On interrogation, Lallu alias Mehmood accused made a disclosure statement Ex. PF and in pursuance of said disclosure statement got recovered skin of cow and a knife from his house which were taken into possession vide memo Ex. PG. Rough site plan Ex. PH of the place of recovery was prepared. Other two accused were identified as Khurshid and Raj Khan. They could not be arrested as they absconded. On completion of investigation, charge sheet was filed against Lallu and his brother Fajjar for the offence under Section 3 read with Section 8 of the Act.” Learned counsel for the petitioners during the course of arguments has not challenged the conviction of the petitioners under Section 3/8 of the Act. Learned counsel has submitted that the sentence of imprisonment of the petitioners, as ordered by the Courts below, be reduced to already undergone by them as the petitioners were not previous convicts. Petitioners have already undergone about 2 months of actual sentence. Keeping in view the facts and circumstances of this case, it is a fit case where the sentence of imprisonment ordered by the courts below, is liable to be reduced to already undergone by the petitioners. Fine is said to have already been deposited by the petitioners. Accordingly, conviction of Crl. Revision No. 49 of 2009 -4- the petitioners under Section 3/8 of the Act, as ordered by the courts below, is maintained. However, sentence of imprisonment reduced to already undergone by them. Petition stands disposed of accordingly. (SABINA) JUDGE February 25, 2009 PARAMJIT