JUDGMENT

B. Amit Sthalekar, J.—Heard Ms. Nishi Mehrotra, learned Amicus Curiae for the appellant and Sri Praveen Kumar Singh, learned counsel for the appellant in Criminal Appeal No.403 of 2005 and Sri Tarkeshwar Yadav, learned A.G.A. for the State.

2. In the jail appeal preferred by accused Israr, since no one appeared on his behalf, Ms. Nishi Mehrotra, learned counsel was appointed as Amicus Curiae. In the appeal preferred by Mohd. Jahid Sri Praveen Kumar Singh learned counsel appeared and stated that he adopts the submissions made by Ms. Nishi Mehrotra. These two appeals, arising out of the common judgmment, are therefore being taken up together for disposal.

3. The accused persons have been found guilty of offence under Section 3, 5-A and 8 of the U.P. Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as ‘the Act,1955’).

4. Briefly stated the facts of the case are that a First Information Report was lodged by S.O. Raj Narayan Singh stating that on the night of 1.8.2003 at about 3.00 a.m. in the morning he was on duty along with Constables Satish Kumar and Rajendra Singh. At about 4.00 A.M he saw a truck coming from the direction of Kamupur. He apprehended that this