JUDGMENT
Amar Dutt, J.
1. The petitioners were tried and convicted by the learned Judicial Magistrate First Class, Jalandhar under sections 3, 5 and 8 of the Punjab Prohibition of Cow Slaughter Act, 1955 (hereinafter referred to as the Act) and were sentenced to undergo R.I. for one year each and to pay a fine of Rs. 500/- each and in default of payment of fine to further undergo R.I. for 15 days, In appeal their sentence was reduced from one year to six months, by the learned Addl. Sessions Judge, Jalandhar on 19.10.2000. This has occasioned the filing of the present revision.
2. According to the prosecution the petitioners along with Laxman alias Laddu, Am-nuwal and Wilson had booked 6 wagons for the transportation of cows, bullocks and calves from Garhshankar to Howrah. It was mentioned in the Railway receipts that all the cows were not yielding milk and were being transported for agricultural purposes. When the Hindus residing in Nawanshahar came to know that this averment was not true they stopped the train on 14.5.1992 and informed the Station Master, Nawanshahar that they would not permit the transportation of all those cows for being slaughtered. The SDM, Nawanshahar got the cows removed and these were handed over on sapurdari for being kept in Gowshala of Nawanshahar. SI SurjitSingh on corning to know of the incident went to Railway Station and recorded the statement of one Miss Geeta Bhasker which was made the basis of the First Information Report. On completion of the investigation the challan was put in court and charges were framed against the petitioners. Laxman alias Laddu, Amnuwal and Wilson accused were declared as proclaimed offenders. The trial ended in conviction as indicated hereinbefore.
3. On behalf of the petitioners conviction is not being challenged and it is submitted that they are facing trial since 1992 and they do not have any criminal record and that no misconduct similar to the one for which they stood charged has been reported against them after their apprehension. In these circumstances it is prayed that the petitioners should be given an opportunity to rehabilitate themselves in society by releasing them on probation of good conduct.
4. I have given my thoughtful consideration to the submissions made by the learned counsel for the petitioners.
5. Keeping this in view, especially in view of the fact that the petitioners do not have any criminal antecedents, I feel that in the facts and the circumstances of the case, the ends of justice require that the petitioners should be extended the benefit of probation.
6. In view of above discussion while maintaining conviction, the sentence awarded to the petitioners is set aside and instead they are directed to be released on probation under Section 4(3) of the Probation of Offenders Act under the supervision of District Probation Officer, Jalandhar on their furnishing personals bond in the sum of Rs. 10,000/-with one surety in the like amount each for a period of one year undertaking to appear and receive sentence as and when called upon by the court, in case of default of any terms and condition of the probation bond and to keep peace and be of good behaviour during the said period from the date of their entering into such bonds. The bonds be submitted to the
satisfaction of CJM, Jalandhar. However, the petitioners shall pay a sum of Rs. 2500/-
as costs of proceedings and in default of payment of the said amount the revision shall
be deemed to have been dismissed.
7. With the above modification in the matter of sentence, this appeal is disposed of, accordingly.
8. Appeal disposed of.