Khursheed Vs. State of Haryana [2005] Insc 246 (13 April 2005)

B.P. Singh & S.B. Sinha B.P. Singh,J.

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.

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/-.

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.

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.

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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