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1955 Supreme(All) 255

ASTHANA
BALLA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
H.L.Kapur

ASTHANA, J.

( 1 ) THIS is a reference by the Additional Sessions Judge of Saharanpur, recommending that the conviction and sentence of the applicants under Section 175, District Boards Act, 1922 (U. P. Act 10 of 1922) be quashed.

( 2 ) THE accused were convicted for contravention of bye-law No. 1 framed by the District Board. Saharanpur, under Section 174 (2) (k), District Boards Act published in Government Notification no. 2905/21-7 (44-45) dated 1-6-1949 and subsequently amended by Notification No. 12883/21-25 (49-50) dated 21-8-1951 and No. 10574/21-25 (49-50) dated 21-6-1952. The bye-law in question provides that no person shall slaughter or cause to be slaughtered any cow bull, bullock, he and she calf, she buffalo, young or old, in any place situated within the area of the District Beard, Suharanpur.

( 3 ) THE prosecution case against the accused was that in contravention of the aforesaid bye-law they had slaughtered a cow, the flesh of which was recovered from their houses by the sub-Inspector, Sri A. A. Zaidi, on receipt of information from one of the prosecution witnesses, namely, Tufail Ahmad. The case was tried summarily by the Magistrate. The accused denied that they ha










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