D.P.Uniyal, J. - (1.) The matter referred to us relates to the quantum of sentence that should ordinarily be awarded in respect of offences committed under the U. P. Prevention of Cow Slaughter Act, 1955. The question referred for our decision is as follows: "Should the object of the enactment alone be kept in mind while awarding sentence, or extraneous circumstances, e.g., the likely consequences of an unlawful act, be also taken into consideration? Further, where the unlawful act is likely to cause the breach of peace, should the Courts of law adopt a strict attitude by awarding a severe sentence, of course commensurate with the maximum penalty provided under the law?"
(2.) There has been a divergence of opinion among the Judges of this Court on the question of the measure of punishment that should be awarded in cases of cow slaughter. It is to resolve this difference of opinion that the above reference has been made. The Legislature has set forth the objects which prompted it to make the legislation on the subject of cow slaughter. The notification issued by the State Government explaining the aims and objects of the Act says that under Article 48 of the Constitution of India, the State Government has been enjoined to organise agricultural and animal husbandry on modern & scientific lines, and in particular to take steps for preserving and improving the breeds and prohibiting the slaughter of cow and its progeny. It goes on to say that in order to save the cow and its progeny, with a view to provide milk, bullock power, as well as manure, it is of imperative necessity to impose a complete ban on cow slaughter. It Was to implement the above objects that the U. P. Legislature enacted the Prevention of Cow Slaugher Act, 1955 (hereinafter referred to as the Act).
(3.) While considering the question of the quantum of sentence to be imposed in cases of cow slaughter Mr. Justice Broome held in Ghani v. State, Criminal Revn. No. 1742 of 1959, D730- 8-1960 (All) that "the heinousness of the crime must depend primarily on the economic value of the animal that has been destroyed and the punishment should be graded accordingly. If, for example, a pedigreed cow Ss slaughtered the accused undoubtedly deserves a severe sentence, for he has deprived the country not only of an existing economic asset but also of the potential improvement in the stock that would accrue from the progeny of such an animal. But if, at the other extreme, a useless, undersized or decrepit beast is killed the damage caused to the economic interests of the country is obviously negligible and only a nominal penalty is called for".;