The Allahabad High Court, in the case of Israr vs the State, has upheld the conviction of an accused under sections 3, 5 and 8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act.
In this case, the police, on a tip-off, apprehended a truck carrying 16 bulls that was being driven by Israr, the petitioner. Right before being apprehended, the truck collided with a tree and tilted to a side. Two of the bulls were found dead and the remaining were tied by the horns and grievously injured. One of the co-accused disclosed to the police constables that the bulls were being transported to Bihar for sale and slaughter.
The petitioner claimed that the death of the bulls was a result of the collision with the tree. However, the post mortem report suggested that the bull had died due to non-functioning of windpipe due to compression of the chest. Its body was bloodstained, limp and covered with abrasions. Further, a fourth of the skin was missing and the bones of the chest were broken. The post mortem report of the second bull revealed that it too had died due to asphyxiation and excessive blood loss. The knee joints of the bull were dislocated, its neck twisted and the skin on top missing.
As per Section 5-A of the Prevention of Cow Slaughter Act, it is illegal to transport cows and bulls within, to or from UP for the purpose of slaughtering.
The high court noted that the contention that the death of the bulls was caused by the collision cannot be accepted since neither the tarpaulin covering the truck was damaged nor were any broken branches found inside the truck.
The high court upheld the conviction by the trial court under sections 3, 5 and 8 of the Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act.