Court No. - 24
Case :- CRIMINAL REVISION No. - 486 of 1992 Revisionist :- Shamshed And Others Opposite Party :- State Of U.P.
Counsel for Revisionist :- V S Chaudhary Counsel for Opposite Party :- A.G.A.
Hon'ble Dinesh Kumar Singh-I,J.
List has been revised.
None appears on behalf of the revisionist to press this revision. Sri Arun Kumar Singh, learned A.G.A. is present.
In compliance of the court's order dated 19.4.2019, office has submitted its report dated 28.5.2019 stating therein that the CJM Muzaffar Nagar has sent his compliance report, which is flagged at 'B'. In the said report it has been reported that the accused- revisionists were not found living on the address given, which is Mohalla Khala and by that name there is no Mohalla under police station Civil Lines, Muzaffar Nagar. Therefore, the processes were sent to police station Kotwali under whose jurisdiction Mohalla Khalapar is situated but even on that address some other person was found residing not the revisionists. Therefore, it is informed to this Court that the accused-revisionists could not be traced out and accordingly warrant could not be executed upon them.
Looking to the fact that the revision is very old, therefore, in the absence of the revisionists, it is being disposed of on merit.
In the present revision the judgment and order dated 27.8.1991 passed by Munsif Magistrate, Muzaffar Nagar in case no. 26/9/91 (State vs. Shamshad and another) has been challenged, whereby the revisionists Shamshad alias Bhura and Irshad were convicted and sentenced under section 3/8 Cow Slaughter Act with six months R.I, fine of Rs.200/-, in default of payment of fine, one month addition R.I each. Against the said judgment, a criminal appeal no.38 of 1991 (Shamshad and another vs. State of U.P.) was preferred by the revisionists, which was partly allowed vide judgment and order dated 8.1.1992, in which the conviction was upheld but the appellate court directed that the accused-revisionists shall be released on probation of good conduct under section 4 of the Probation of Offender Act on their executing personal bonds in the sum of Rs.5,000/- and two sureties each in the like amount to appear and receive sentence when called upon during the period of one year and in the meantime, they shall maintain peace and good behaviour .
At the time of admission of this revision, it appears that the operation of the said judgment and order dated 8.1.1992 was stayed by this Court.
According to FIR, the S.I. Madan Mohan Sharma along with companion police officials had received information though informant on 5.3.1983 while they were on patrolling that in the house of Maqsood alias Mukhiya situated in village Sarwat, accused Irshad and Shamshad @ Bhura were indulging in slaughtering the cow. Believing this information, witnesses Naru, Saukat Ali resident of village Sarwat were taken with him after disclosing the purpose and thereafter a raid was conducted at about 4.15 A.M, the accused were arrested from the said house and from the possession of Irshad an axe with blood was recovered and one knife, which was smeared with blood was recovered from Shamshad alias Bhura. Some other articles were also recovered such as a stone, apart from cut pieces of the cow and its skin. All the articles were taken into possession by the police on the spot and were sealed and alongwith the accused, after coming at police station, a case was registered under section 3/8 of the Cow Slaughter Act against them. Charge was framed against both the accused under the said section to which they pleaded not guilty and claimed to be tried.
In order to prove its case from the side of prosecution S.I. Madan Mohan Sharma as PW-1, Dr. D.P Singh, Pashudhan Vikas Adhikari as PW-2, Head Constable Indrpal Sharma as PW3, Head Constable 112 Masood Ali as PW-4, S.I. Satish Chandra Tyagi (Investigating Officer) as PW-5 were examined and by way of documentary evidence, the recovery memo Exhibit Ka1, report of doctor Exhibit Ka-2, chik FIR Exhibit Ka-3, G.D. Exhibit Ka-4, Supurdaginama of skin of cow as Ka5 and charge-sheet Exhibit Ka-6 were produced and also axe as material Exhibit 1 and knife as material Exhibit 2 were produdced. Some other articles were also produced such as stone as material Exhibits 3 to 14.
Thereafter evidence under section 313 Cr.PC. of the accused was recorded in which they stated that entire evidence was false but no witness in defence was examined by them.
The trial court, after having considered the entire evidence on record had held the accused-revisionist guilty. It is recorded in the impugned order that S.I. Madan Mohan has proved the contents of FIR stating that on 5.3.1983 on an information of the informant, they reached at the house of Maqsood @ Mukhiya in village Sarwat and there both the accused were arrested by them along with the above mentioned articles, which are mentioned above as material Exhibits and PW4 Head Constable Masood Ali had also proved the version stated by PW1. PW3 has proved FIR and G.D. and also supurdugi of the skin of cow given to Madan Lal. Investigating Officer Satish Chandra Tyagi has proved the site plan, which was prepared by him at the instance of S.I. Madan Mohan Sharma and also proved the charge sheet. PW2 Dr. D.I. Singh, who is Pashudhan Vikas Adhikari had stated that he had examined he dead cow on 5.3.1987 about 1.00 p.m. and found that her body was found cut into pieces and neck and other parts of the body were lying there. Cause of death of the said cow was found to be loss of blood and cow was died within 7-8 hours of the conduct of examination. The accused were arrested on the spot at 4.15 A.M. in the morning.
I have gone through the entire evidence as well as the judgment in question.
I do not find any misinterpretation of the evidence which has been found on record, by the trial court as well as the appellant court. Both the judgments are passed in accordance with evidence on record and hence, they are upheld. The revsion deserves to be dismissed and accordingly, it is dismissed. The interim order stand vacated.
Let a copy of this judgment be transmitted to the trial court expeditiously along with lower court record.
Order Date :- 30.5.2019 AU