IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-10.02.2025 Rajju ......Petitioner.

Vs.

State of Haryana ......Respondent.

CORAM:- HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Rajesh Lamba, Advocate for the Petitioner.

Mr. Dharam Pal, AAG Haryana.

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JASJIT SINGH BEDI, J.(ORAL)

The present revision petition has been preferred against the judgment dated 18.01.2010 passed by Additional Sessions Judge, FTC, Nuh whereby the appeal filed against the judgment of conviction and order of sentence dated 11/17.11.2009 passed by Judicial Magistrate Ist Class, Nuh has been dismissed.

2. The FIR in the present case came to be registered on 20.06.2003. The judgment of conviction was passed on 11/17.11.2009 by the Judicial Magistrate Ist Class, Nuh. The Appeal filed against the order of conviction was dismissed on 18.01.2010 by the Additional Sessions Judge, FTC, Nuh. The instant revision petition was filed on 24.02.2010 and has come up for final hearing now i.e. after a period of 21 years from the date of registration of the FIR.

3. The case was registered on the basis of written information sent by HC Ram Kishan to the effect that on 20.6.2003, the complainant alongwith UGC Nand Lal no. 375, Bhupender Singh No. 36 were present at T-Point Palwal Road, Nuh for checking of crime and cow slaughtering and in the mean time secret information was received with regard to the fact that accused Rajju son of Rahim Khan was selling beef after slaughtering a cow in his house and if a raid was conducted, he could be apprehended red handed. Since the information was reliable, a raiding party was formed and a raid was conducted upon the house of accused Rajju and the secret informer was also accompanying the police party. Although, the complainant had tried to join independent witness but none had agreed to join the investigation. After arriving at the spot, the police party had seen that Rajju son of Rahim Khan was inviting the customers for purchasing the beef at the rate of Rs.10/- per kg. When the police party tried to arrest the accused after entering into the house, then he had succeeded in fleeing away after jumping from the roof of the house. On inquiry one skin of the cow, 85 kg beef, one mouth, one weighing scale, two weighing instruments of 1 kg and 2 kg, one knife, one axe and one wooden block were recovered from the spot, which were taken into possession by the police. The information was sent to the police station.

On the basis of this information, the formal FIR was registered with the police station, Nuh. Site plan of place of recovery was prepared. The beef was got examined from the Veterinary Surgeon, who submitted the report that the recovered meat belongs to the slaughtered cow. During investigation, the accused himself surrendered in the court on 13.12.2003 and was later released on bail. Statements of witnesses were recovered. After completion of investigation and other formalities, challan was submitted before the court.

4. On finding a prime-facie case, the accused was charge sheeted u/s 8 of Punjab Prohibition of Cow Slaughter Act for contravention of provisions of sections 5 of the said Act. He pleaded not plead guilty and claimed trial.

5. In order to prove its case, the prosecution examined C. Bhupender as PW1, who has stated that on 20..2003 at about 1.15 p.m, he alongwith UGC Nand Lal and HC Ram Kishan were present at Palwal road for patrolling and in the meantime secret information was received with regard to the fact Rajju son of Rahim Khan resident of village Ferozepur Namak had slaughtered a cow in his residential house and was selling the beef and if a raid was conducted then he could be intercepted red handed. Since, the information was reliable, a raiding party was formed and went to the house of the accused. At that time, one person was seen jumping from the roof of his house and fled away from the spot. The police party immediately rushed into the house of the accused and found that Rajju was sellin