IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.440 of 2000 Date of Decision : January 15, 2010 Dilawar ....Petitioner Versus State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : None for the petitioner. Ms. Shalini Attri, Deputy Advocate General, Haryana T.P.S. MANN, J. (Oral) The petitioner was tried by Judicial Magistrate 1st Class, Nuh for contravening the provisions of Section 3 of the Punjab Prohibition of Cow Slaughter Act, 1955, punishable under Section 8 of the Act, with the allegations that he, alongwith his co-accused Sharif, had slaughted a cow in the area of village Noshera on 2.1.1994 and when the petitioner was apprehended, one skin of cow and 3/4 kgs. of beef alongwith 2 knives, 1 kulhari and an old rope, were taken into possession. Vide judgment dated 2.9.2007, the trial Court acquitted Sharif of the charge against him. However, the petitioner was held guilty under Section 8 of the Act and vide order dated 3.9.1997 sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.3,000/-. In default of payment of fine, he was ordered Criminal Revision No.440 of 2000 -2- to further undergo simple imprisonment for a period of six months. Aggrieved of his conviction and sentence, the petitioner filed an appeal but the same was dismissed by Additional Sessions Judge, Gurgaon on 10.4.2000. He is now before this Court in revision filed under Section 401 Cr.P.C. The prosecution had examined Constable Fateh Singh as PW1, ASI Ramesh Kumar as PW2 and Constable Hawa Singh as PW3 in support of its case. All of them unequivocally deposed in their testimonies that a secret information was received by the police party to the effect that in the jungle of village Noshera, two persons were slaughtering a cow and if raid was conducted, they could be apprehended. The police then raided the above stated place. On seeing the police party, co-accused of the petitioner managed to escape. However, the petitioner was apprehended at the spot. A cow was lying slaughtered at the spot with its skin already removed. The skin of the cow alongwith 3/4 kgs. of beef was taken into possession by ASI Ramesh Kumar, who was heading the police party. Similarly, the police took into possession 2 knives, 1 Kulhari and an old rope from the spot. The beef recovered was sent for examination to Veterinary Surgeon, Civil Veterinary Hospital, Nuh, who confirmed the fact of it being beef. In view of the above, no case is made out for grant of any interference in the conviction of the petitioner as recorded by the trial Court and upheld by the appellate Court. Criminal Revision No.440 of 2000 -3- There is no material available on the file to show that the petitioner had earlier being involved in any such crime. On the other hand, the petitioner had pleaded before the trial Court that he was sole bread earner of his family and had five children to look after. The petitioner has been facing the agony of criminal prosecution since the year 1994. After the dismissal of his appeal by the lower appellate Court on 10.4.2000, he was granted the concession of bail on 29.5.2000 when the present revision was admitted. He had, thus, undergone a period of more than 1½ months. Under these circumstances, this Court feels that no useful purpose would be served by sending the petitioner behind the bars, once again, to serve the remaining sentence. Ends of justice would be amply met if the substantive sentence of imprisonment imposed upon the petitioner is reduced to that already undergone. Resultantly, the conviction of the petitioner is maintained. However, his substantive sentence of imprisonment is reduced to that already undergone by him. The sentence of fine alongwith its default clause is maintained. (T.P.S.MANN) January 15, 2010 JUDGE satish