H.C.P. Tripathi, J. - (1.) THIS revision is directed against an order of the learned Civil and Sessions Judge, Saharanpur, upholding on appeal, the applicants' conviction and sentence of one year's rigorous imprisonment and Rs. 100/ - fine each under Section 3 read with Section 8 of the Prevention of Cow Slaughter Act as recorder by a Magistrate First Class on 11.7.1963.
(2.) THE prosecution case in short was as follows: On 30th of June 1962 Sub -Inspector Jai Nand Tyagi received information that a cow was being slaughtered at the house of applicant Yasin in village Sanpla Baq -qal. He took some persons of the village with him and entered the courtyard of Yasin and then the police party saw the applicants, along with another Majid son of Ibrahim, busy in dismembering a slaughtered cow into pieces and placing the same on a cot. An axe, a knife, a weighing scale and some weighment measures were lying nearby. Yasin was arrested at the spot but the other two applicants and Majid son of Ibrahim escaped to the north by scaling over the boundary wall. The pieces of the slaughtered cow were tied and sealed in bags at the spot in the presence of the witnesses. The aforesaid bags were opened in the presence of Dr. J.B. Sharma (P.W. 3) who examined their contents. He was of opinion that they were the portions of the body of a cow which had been slaughtered. The applicants, along with Majid son of Ibrahim, who has been acquitted by the trial court were sent up for trial for an offence tinder Section 3/8 of the U.P. Prevention of Cow slaughter Act. They were convicted by the Magistrate and their conviction and sentence were upheld on appeal by the learned Sessions Judge as indicated earlier.
(3.) AT the trial, applicant pleaded not guilty to the charge, Applicant Yasin stated that he was skinning a dead cow which belong -ed to one Bashir of Village Tilhari whose relation Nasim had a contract for skinning the dead animals, but had been falsely implicated in the case at the instance of one Jamil who had taken the theka for skinning dead animals in that year. The other applicants, namely, Bhoora and Majid attributed their false implication in the case due to their relationship with Yasin.;