- (1.) The petitioners, namely, Mohd. Aslam, Mohd. Akhlak, Gulzar, Mohd. Arshad, Mohd. Gulfan and Mohd. Istakar have filed the present revision petition against judgment dated 18.2.2016 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri whereby the criminal appeal No.101 of 2013 filed by petitioners No.1 to 4 and criminal appeal No.136 of 2013 filed by petitioners No.5 and 6 against judgment of conviction dated 2.2.2013 and order of sentence dated 4.2.2013 passed by learned Judicial Magistrate 1st Class, Yamuna Nagar at Jagadhri, were dismissed. Briefly stated, the FIR No.109 dated 21.4.2008 under Section 4- B/8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (for short, the CS Act) was registered against the petitioners at Police Station Sadar Yamuna Nagar.
(2.) It was alleged in the FIR that on 21.4.2008, a secret information was received by ASI Ram Phal that some persons were coming with oxen from the side of Damla Road and would go to Uttar Pradesh. On the basis of said information, ASI Ram Phal along with other police officials reached on river bridge Khurdi and made barricades there. After some time, the accused were seen coming along with animals. The police apprehended the accused with 20 oxen which were being taken from Haryana to Uttar Pradesh for slaughtering. Investigation was conducted and report under Section 173 Cr.PC was prepared and presented in the Court. Copies of the report was supplied to the accused free of costs as envisaged under Section 207 Cr.PC. On finding a prima-facie case against the petitioners, charge under Section 4-B/8 of the CS Act was framed against them to which they did not plead guilty and claimed trial.
(3.) In order to prove its case, the prosecution examined as many as six witnesses. Thereafter, statements of accused under Section 313 Cr.PC were recorded wherein they denied all the allegations levelled against them and pleaded their innocence. However, no evidence in defence was led by the accused. Learned Magistrate vide judgment dated 2.2.2013 held the petitioners as well as two other accused, namely, Mohd. Anwar and Faijan guilty and accordingly convicted them for commission of offence punishable under Section 4-B/8 of the CS Act. Vide separate order dated 4.2.2013, learned Magistrate sentenced the accused to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/- each and in default thereof, to further undergo simple imprisonment for 15 days each. Aggrieved against the said judgment and order, the petitioners and two other accused, namely, Mohd. Anwar and Faijan filed two appeals before the Court of Session, but the same were also dismissed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri vide judgment dated 18.2.2016. It is in these circumstances, the petitioners have preferred the present revision petition before this Court.;