The prosecution must establish guilt beyond reasonable doubt; acquittals stand unless substantial evidence indicates otherwise, specifically regarding intentions and legality of actions.

Judgment

Mr. Harpreet Singh Brar, J.

The present application has been filed under Section 378 (3) of the Code of Criminal Procedure, 1973 seeking leave to appeal against the judgment dated 15.01.2018 passed by the learned Additional Sessions Judge, Karnal whereby the respondents-accused were acquitted in FIR No.839 dated 07.10.2016 under Sections 279 , 336, 307 IPC and Section 11 -D of the Prevention of Cruelty to Animals Act, 1960 registered at Police Station Civil Lines, Karnal.

2. Brief facts of the prosecution case are that on 07.10.2016 at 3.30 A.M., when SI Sultan along with other police officials was on patrolling duty on the Meerut road turn point GT Road, Karnal, he received a secret information that one Pickup Vehicle No.UP15-CT-4714 loaded with beef was coming from the ITI Chowk to UP side, Karnal. On the basis of secret information, the police party installed barricades. Seeing a Pickup vehicle coming from Sector 6, GT Road, Karnal, the SI signalled to stop the said vehicle. On seeing the policy party, the accused persons slowed down the speed of the vehicle but in order to escape, they again accelerated the speed of the vehicle and even tried to run over the police officials, who luckily escaped from the impact. The said vehicle had fallen into ditches and turned turtle and the SI along with the help of other officials nabbed the accused persons, who disclosed their identity as Usman son of Faimaan and Saiful son of Giasudin, residents of Mohali, Punjab. On search of the vehicle, beef was found therein, covered with the bed sheet. The vehicle along with beef was taken into custody by the police. Ruqa was sent to the police station through HC Vinod Kumar on the basis of which formal FIR was registered.

3. The vehicle was weighed along with meat recovered and its samples were sent for report to the Head of the Department, Veterinary Public Health and Epidemiology, Luvas, Hisar. Statements of witnesses were recorded under Section 161 Cr.P.C. and after completion of investigation challan was presented under Section 173 Cr.P.C. After completing the formalities of Section 207 Cr.P.C., charges were framed against the accused persons under Sections 279 , 336, 307/34 IPC and Section 11 of the ANIMAL CRUELTY ACT , 1960 to which they pleaded not guilty and claimed trial. The trial Court after appreciating the evidence both documentary and oral adduced before it, acquitted the respondents-accused from the charges framed against them vide judgment dated 15.01.2018. Aggrieved by the said judgment, prayer for grant of leave to appeal is sought by the applicant by way of instant application.

4. Learned counsel for the applicant-appellant submits that the prosecution had proved its case beyond a shadow of reasonable doubt by examining as many as 10 witnesses, who corroborated the prosecution version. The respondents-accused had tried to run over the police officials with their vehicle with an intention to kill them. Moreover, the respondents-accused were found in possession of 2260 kgs of meat as duly proved by the report Ex.P10 prepared by Dr. Sushila Mann, which was sent by PW4 Dr. N.K. Mahajan to the concerned police station vide Ex.P11. As per the said report, the meat sample was confirmed of buffalo specie. Therefore, the counsel for the applicant-appellant prays for grant of leave to appeal against the impugned judgment.

5. Per contra, learned counsel appearing for the respondents-accused submits that the learned trial Court has correctly appreciated the evidence adduced before it and therefore, no ground for interference is made out.

6. We have heard learned counsel for the parties and after having gone through the records of the case, we find that the finding of acquittal rec