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Khursheed Vs. State of Haryana - Court Judgment

SooperKanoon Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 1254 of 1999
Judge
Reported inAIR2005SC2326; 100(2005)CLT136(SC); 2005CriLJ2564; JT2005(5)SC571; (2005)3SCC763
ActsPunjab Prohibition of Cow Slaughter Act - Sections 8
AppellantKhursheed
RespondentState of Haryana
Appellant Advocate Attar Singh and; Aftar Ali Khan, Advs
Respondent Advocate Ajay Siwach and ; T.V. George, Advs.
DispositionAppeal dismissed
Prior historyFrom the Judgment and Order dated 6.4.99 of the Punjab and Haryana High Court in Crl. R. No. 429 of 1999
Excerpt:
criminal - punjab prohibition of cow slaughter act - section 8 - quantum of sentence - conviction of appellant under section 8 of punjab prohibition of cow slaughter act by trial court and appellate court - revision petition - dismissed by high court - award of one year's simple imprisonment challenged as harsh by appellant - contention of appellant that his sentence ought to be reduced to period already undergone - validity - as offence under section 8 being punishable with a maximum of 5 years imprisonment, quantum of sentence held justified - appeal having no merit dismissed - .....by dismissal of the revision petition, the judgment and order passed by the judicial magistrate, nuh and the appellate order passed by the addl. sessions judge, gurgaon were affirmed.2. the appellant has been convicted under section 8 of the punjab prohibition of cow slaughter act and sentenced to undergo one year's simple imprisonment and to pay fine of rs.5000/-.3. before us, counsel for the appellant submitted that in the facts and circumstances of this case, the sentence is harsh and this court may reduce his sentence to the period already undergone.4. having considered the facts and circumstances of this case and also taking note of the fact that the offence under section 8 is punishable with a maximum of 5 years imprisonment, we do not feel persuaded to interfere with the.....
Judgment:

B.P. Singh, J.

1. This appeal by special leave is directed against the judgment and order dated 6th April, 1999 of the High Court of Punjab & Haryana at Chandigarh whereby the Revision Petition preferred by the petitioner was dismissed. By dismissal of the Revision Petition, the judgment and order passed by the Judicial Magistrate, Nuh and the appellate order passed by the Addl. Sessions Judge, Gurgaon were affirmed.

2. The appellant has been convicted under Section 8 of the Punjab Prohibition of Cow Slaughter Act and sentenced to undergo one year's simple imprisonment and to pay fine of Rs.5000/-.

3. Before us, counsel for the appellant submitted that in the facts and circumstances of this case, the sentence is harsh and this Court may reduce his sentence to the period already undergone.

4. Having considered the facts and circumstances of this case and also taking note of the fact that the offence under Section 8 is punishable with a maximum of 5 years imprisonment, we do not feel persuaded to interfere with the quantum of sentence.

5. We find no merit in the appeal. The appeal is, therefore, dismissed. Bail bonds of the appellant are cancelled. He should be forthwith taken into custody to serve out the remainder of the sentence.




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