- (1.) MUKESHWAR Prasad, J. This criminal revision by four accused namely, Qaiyyum, Naseem, Bhoora and Aziz alias Jeeju is directed against the judgment and order dated 31-1-1985 passed by Sri Naseemuddin, the then Additional Sessions Judge, Saharanpur whereby he dismissed criminal appeal No. 382 of 1984 filed by all the four accused against their conviction/sentence under Section 8 of the U. P. Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the Act ).
(2.) IT appears that out of four revisionists, three namely, Qaiyyum, Naseem and Bhoora were apprehended on the spot by the police party who raided the house of Aziz and accused Aziz ran away. They were found cutting cow beef by means of knife and axe inside the house. After trial, all the four accused-revisionists were found guilty and convicted under Section 8 of the Act and were sentence to suffer rigorous imprisonment for a period two years. They filed Criminal Appeal No. 382 of 1984 which was dismissed on 31-1-1985 and the conviction and sentence recorded against them were confirmed and they were sent to jail to serve out the sentence. I have heard Sri Mohd. Yusuf, learned Counsel for the revisionists, learned AGA and perused the impugned judgment passed by learned Sessions Judge as well as learned Magistrate.
(3.) LEARNED Counsel for the revisionists has not challenged the correctness of the judgment passed by the Courts below. He has, however, urged that accused Bhoora is now an old man aged about 60 years and Aziz alias Jeeju is also an old man aged about 65 years and in view of their old age they should not be sent to jail again. He has, further, urged that out of the three accused who were arrested on the spot, Qaiyyum, son of Mustaq and Naseem, son of Basheer expired several years ago. I have considered the submissions made on behalf of the revisionists and find force in the contention. It is true that two accused Qaiyyum and Naseem expired several years ago vide report of CJM, Saharanpur dated 28-2-2004. Both were allegedly arrested by the police on the spot. So far as the other two revisionists are concerned, they are now old and above 60 years of age. The incident in question is said to have taken place on 9-2-1980 and the appeal was dismissed on 31-1-1985 since then about 20 years have passed.;