- (1.) The Crl. Misc. application No.293-MA of 2012 has been filed seeking grant of leave to appeal against the acquittal of respondents No.1 to 3 by the learned Additional Sessions Judge, Yamunanagar at Jagadhri in terms of his judgment and order dated 12.12.2011. Along with the application for grant of leave to appeal, CRM No.28158 of 2012 has been filed seeking condonation of 47 days' delay in filing the application for grant of leave to appeal. Heard learned counsel for the applicant-State.
(2.) The facts of the case are that Shyam Lal ASI (PW10) on 26.2.2010 received secret information that some persons were transporting cattle (cows and oxen) in a TATA 207 vehicle bearing registration No. HR 58- 7791 from State of Haryana and taking them for slaughtering in the State of Uttar Pradesh. One Khalid (respondent No.2) was driving the vehicle. The information was found reliable and a police picket was set up. After sometime the aforesaid vehicle as had been disclosed by the secret informer was seen coming and it was signalled to stop. The driver of the vehicle i.e. TATA 207, however, accelerated the same and tried to run over the police officials. They saved themselves by getting towards the side of the road. The TATA 207 vehicle crossed the police picket after striking against the barricade that had been set up. Three tyres of the vehicle got punctured and the same overturned.
(3.) The persons who were travelling in the TATA 207 vehicle, however, managed to flee away. From the vehicle, two cows and three oxen were recovered. One of the two cows was dead. The TATA 207 vehicle and the cattle were taken in possession by the police. A written memo (Ruqa) was sent by ASI Shyam Lal (PW10) through Constable Gurpeet Singh to the Police Station. On the basis of the same, a case (FIR) was registered for the offences under Sections 307 and 429 Indian Penal Code ("IPC" - for short), besides, Section 4-B read with Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 at Police Station Bilaspur. The respondents were arrested. However, one of the accused namely Nawab was not arrested and was declared a proclaimed offender in terms of the order dated 20.10.2010 passed by the learned Judicial Magistrate Ist Class, Yamunanagar. Charges were framed against the accused. The case was committed by the learned Ilaqa Magistrate to the Court of Sessions. The learned Additional Sessions Judge, Yamunanagar at Jagadhri to whom the case was assigned charge-sheeted the respondents for the offence under Section Section 4-B read with Section 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 and Section 11 of the Prevention to Cruelty to Animals Act, 1960, besides, Sections 429 and 307 IPC. The prosecution in order to prove its case examined 13 witnesses, besides, tendered documents in evidence. The incriminating evidence appearing against the respondents was put to them and their statements in terms of Section 313 of the Code of Criminal Procedure ("CrPC" - for short) were recorded. The respondents pleaded innocence and claimed that they had been falsely implicated. They led no evidence in defence. The learned trial Court after considering the evidence and material on record, has acquitted the respondents. Aggrieved against the same, the applicant-State has filed the present application for grant of leave to appeal along with an application for condonation of 47 days' delay in filing the application for grant of leave to appeal.;