IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No.2216 of 2003 Date of decision: September 28, 2010 Kallu and another .. Petitioners Vs. State of Haryana .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Manoj Bajaj, Advocate, for the petitioners. Mr. J.S. Rattu, DAG, Haryana for the respondent. A.N. Jindal, J Assailed in this petition is the judgment dated 27.9.2003 passed by the learned Additional Sessions Judge, Gurgaon, dismissing the appeal filed by the accused-petitioners (herein referred as 'the accused') against the judgment dated 9/10.8.2002 passed by the Judicial Magistrate Ist Class, Nuh, convicting and sentencing petitioners Kallu and Guldin to undergo rigorous imprisonment for one year and to pay fine of Rs.2000/- each under Section 3 read with Section 8 of The Punjab Prohibition of Cow Slaughter Act, 1955 (for brevity, 'the Act'). In nutshell, the allegations are that on 27.1.1997, HC Sarup Singh along with other police officials was present at the bus stand of village Adbar. At about 10.30 a.m. he received a secret information that Gani along with his son Kallu and Gulin were slaughtering the cows in the Ahata of his house and they are also selling beef in the village. Believing the information to be reliable, a raiding party was prepared and the house of the accused was raided. The accused Gani was found removing the skin from the hind legs of the cow, accused Kallu was cutting the neck and Guldin was cutting the beef into pieces. On seeing the police party they ran away. The Investigating Officer recovered, two knives, one axe, one nylon rope, fresh skin and about 70 kgs of meat from the spot. A ruqa was sent to the police station on the basis of which FIR No. 28 dated 27.1.1997 was registered and investigated. The accused were arrested. On completion of the investigation they were challaned. Charges under Sections 3 read with Section 8 of the Act were framed against them, to which they pleaded not guilty and opted to contest. Criminal Revision No.2216 of 2003 -2- In order to substantiate the charges, the prosecution examined C. Pohap Singh (PW1), Dr. Ravinder Singh (PW2), ASI Shish Ram (PW3), ASI Saroop Singh (PW4) and C. Ved Miter (PW5). When examined under Section 313 Cr.P.C. the accused denied all the incriminating circumstances appearing against them and pleaded their false implication in the case. The trial resulted into conviction of Kallu and Guldin. Their appeal also failed. The accused Gani died during the pendency of the trial, as such proceedings against him were dropped. At the very outset, without assailing the findings of conviction, learned counsel has submitted that they being the first offenders and having already undergone more than 1- ½ months each of the substantive sentence, and that the main accused Gani had died during the pendency of the trial, must be extended some leniency. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. No illegality much less irregularity or perversity has been detected or pointed out warranting interference by this Court, therefore, no scope for interference is made out at the revisional statge. As such, findings of fact returned by both the courts below regarding the guilt of the accused are maintained. Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 1997 and the accused have already suffered a lot due to the protracted proceedings pending against them since then. They have already undergone about 1- ½ months each of the substantive sentence. No bad antecedents have come on record in order to dub them as habitual offenders. As such, I am of the considered opinion that ends of justice would be met if some leniency is extended to them. Consequently, this petition is dismissed with the modification in the sentence which is reduced to six months without alteration in the sentence of fine. Copy of the judgment be sent to the Chief Judicial Magistrate, Gurgaon, for compliance. September 28, 2010 (A.N. Jindal) deepak Judge