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Issues involved: Appeal against acquittal u/s 8 of Punjab Prohibition of Cow Slaughter Act, 1955.
Judgment Summary: Issue 1: Conviction under Section 8 of the Act The accused persons were convicted under Section 8 of the Act by the Trial Court and the conviction was upheld by the Additional Sessions Judge. The High Court acquitted the accused persons, citing lack of evidence and identification. However, the Supreme Court found that the High Court's reasoning was not sustainable as there was ample evidence of the accused persons' involvement in cow slaughter. Issue 2: Legality of Search Procedure The High Court questioned the legality of the search procedure, but the Supreme Court held that even if the search was illegal, it did not affect the seizure of the incriminating materials. The Court emphasized that the evidence regarding the seizure was crucial, and no further consequences ensued from an illegal search. Issue 3: Ownership and Conscious Possession of the House The High Court raised concerns about the ownership and conscious possession of the house where the slaughter took place. However, the Supreme Court clarified that under the Act, slaughter of cows is prohibited regardless of ownership or possession of the place. The accused persons were found guilty under Section 3 of the Act, and their defense was not covered under the exceptions in Section 4. In conclusion, the Supreme Court set aside the High Court's order and affirmed the decision of the Sessions Judge, stating that the High Court's interference was not legally sustainable as the accused persons were found guilty under the provisions of the Punjab Prohibition of Cow Slaughter Act, 1955.
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