SUPREME COURT OF INDIA
Khursheed
Vs.
State of Haryana
Crl.A.No.1254 of 1999
(B.P.Singh and S.B.Sinha JJ.)
13.04.2005
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.