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1957 Supreme(All) 241

JAMES
DULLA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Bhagwan Das Gupta, S.Sadiq Ali

JAMES, J.


( 1 ) THIS is a case under the U. P. Prevention of Cow Slaughter Act (U. P. Act No. 1 of 1956) and raises several issues of public importance. The facts as found by the Courts below are as follows. On 14th May 1950 on receipt of information that a cow was being slaughtered in the house of one Phulu oi village Saidpur, police circle Wazirganj in the district of Budaun, a party of police led by Sub-Inspector Ranvir Singh raided Phullus house at 12 noon. In the inner courtyard phullu, Alladin and Munshi s/o Wazir were found cutting the carcase of a cow into big pieces while Babu, Dula and Munshi s/o Karim were dividing the large pieces into small ones. Phullu was arrested on the spot but the five others made good their escape. Medical evidence established that the animal had been killed between 4. 30 and 6. 30 a. m. that day and that it had not been suffering from any disease. The six men were tried before a Magistrate for an offence under Section 8 (1) of the Prevention of Cow Slaughter Act on the charge that they on "14-5-56 at 1 p. m. in village Saidpur, P. S. Wazirganj, in the house of Phullu slaughtered a cow". They pleaded not guilty. The learned Magistrate found the s





























































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