JUDGMENT :

Rajiv Sharma, J.

This revision petition is instituted against the judgment dated 01.02.2013 rendered by Additional Sessions Judge, Karnal, in Criminal Appeal No.101 of 2011 whereby the conviction imposed upon the petitioners by the learned Judicial Magistrate Ist Class, Karnal, in Criminal Case No.175/10 of 23.03.2005 was maintained but the sentence was reduced from two years to six months.

2. The case of the prosecution, in a nutshell, is that on 05.09.2004 at about 11.00 P.M., when ASI Azad Singh and other police officials were on patrolling duty near village Nagla Megha Chowk on Meerut Road, a secret information was received to the effect that cows were exported to the State of Uttar Pradesh in trucks bearing registration No.HR37/1014 and HR-46/3285. The drivers as well as conductors of both the trucks and the exporters were taking dinner in a road side Dhaba near Meerut Chowk. Police picket was laid near Yamuna bridge before Haryana-Uttar Pradesh boundary. After some time both the trucks were stopped while crossing the picket. 14 cows were recovered from truck No.HR46/3285 and 15 cows were recovered from truck No.HR-37/1014. The drivers as well as conductors were apprehended. The documents of trucks as well as cows were seized. Cows were got medico legally examined and were sent to the nearest Gaushala. Site plan was prepared. Challan was put up after completing all the codal formalities.

3. The prosecution examined three witnesses in support of its case. Statements of accused were recorded under Section 313 Cr.P.C. They denied the case of prosecution. The petitioners were convicted and sentenced by the learned trial Court to undergo imprisonment for a period of two years and to pay a fine of Rs.1500/- each for the offence under Section 4-b/8 of the Punjab Prohibition of Cow Slaughter Act and in default of payment of fine, to further undergo imprisonment for a period of 15 days.

4. The petitioners filed an appeal. It was dismissed by the learned appellate Court but the sentence was reduced from two years to six months.

5. Learned counsel appearing on behalf of the petitioners has vehemently argued that the prosecution has failed to prove the case against the petitioners.

6. Learned counsel appearing on behalf of the State has supported the prosecution case.

7. Pw-1 HC Jagbir Singh testified that on 06.09.2004 he was member of the patrolling party. Police received secret information regarding transportation of cows to the State of Uttar Pradesh. A written message was sent to concerned Police Station. ASI Azad Singh arranged a picket on Meerut road and both the trucks were intercepted. During the search, 14 cows were recovered from truck No.HR-46/3285 and 15 cows were recovered from truck No.HR-37/1014. Documents were also taken into possession vide Ex.PW1/B. Doctor was called. 29 cows were medically examined. They were sent to Gharaunda Gaushala. Trucks were deposited in the Malkhana.

8. Pw-2 SI Bal Kishan deposed that he recorded formal FIR Ex.PW2/A.

9. Pw-3 Naresh Kumar deposed that on 06.09.2004 while he was working as Manager in Gau Mata Gau Charand Sanrakshan Samiti, Furlak Road, Gharaunda, 29 cows were brought to Gaushala by ASI Azad Singh in trucks No.HR-46/3285 and HR-37/1014. He issued receipt Ex.PW3/A to ASI Azad Singh.

10. The Punjab Prohibition of Cow Slaughter Act, 1955 is applicable to the State of Haryana as amended by the Haryana Adaptation of Laws (State and Concurrent Subjects) Order, 1968, also amended by Haryana Act 17 of 1971, again amended by Haryana Act 6 of 1980 and Haryana Act 13 of 1981. The Act has been made to prohibit the slaughter of cow and its progeny in Haryana. Section 2 defines "cow" including bull, bullock, ox, heifer, or calf. Section 2(cc) defines "export" to take out from the State of Haryana to any place outside the State of Haryana. Section 2(e) defines "slaughter". It means ki