( 1 ) THE matter referred to us relates to the quantum of sentence that should ordinarily be awarded in respect of offences committed under the U. P. Prevention of Cow Slaughter Act, 1955. The question referred for our decision is as follows:

"should the object of the enactment alone be kept in mind while awarding sentence, or extraneous circumstances, e. g. , the likely consequences of an unlawful act, be also taken into consideration? Further, where the unlawful act is likely to cause the breach of peace, should the courts of law adopt a strict attitude by awarding a severe sentence, of course commensurate with the maximum penalty provided under the law?"

( 2 ) THERE has been a divergence of opinion among the Judges of this Court on the question of the measure of punishment that should be awarded in cases of cow slaughter. It is to resolve this difference of opinion that the above reference has been made. The Legislature has set forth the objects which prompted it to make the legislation on the subject of cow slaughter. The notification issued by the State Government explaining the aims and objects of the Act says that under Article 48 of the Constitution of India,