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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURYA PARTAP SINGH
Bajrang Dass – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
SURYA PARTAP SINGH . J .
1. By virtue of present petition, filed under Section 482 Cr.P.C., the quashing of FIR No.126 dated 20.04.2019 Police Station Sector-5, District Panchkula has been sought, qua the petitioners. The above-mentioned FIR has been lodged for the commission of offences, punishable under Sections 25(1-B) (A) & 29(B) Arms Act 1959. The extraordinary jurisdiction vested in this Court has been sought on the ground that without any legal basis, and purely on account of political vendetta, the petitioners are being prosecuted in the present case.
2. In nut-shell the facts emerging from record are that the FIR pertaining to this case came into being when on the facebook account four photographs were posted by a user, namely vikas vaid. In the abovesaid photograph he was seen in possession of different kind of weapons. In view of above-mentioned photographs on social media an enquiry was conducted by Hisar police. During enquiry it was found that the person shown in the photographs was Vikas son of Prem Kumar, resident of Agroha.
3. It is the case of the prosecution that in the enquiry it was also found that the above-said person namely Vikas was a driver of Bajrang
Serious offences under the Arms Act cannot be quashed based on compromise due to their societal impact, as established by judicial precedents.
The court emphasized the necessity of adequate evidence linking the accused to the alleged crimes, dismissing the revisional application while allowing conditional anticipatory bail due to apparent m....
The court clarified that merely using a licensed firearm unlawfully does not constitute an offense under the Arms Act without a licensing violation, while affirming sufficient grounds for attempted m....
The prosecution must prove its case beyond reasonable doubt, and fair and impartial investigation is essential for reliable prosecution.
The court affirmed conviction for attempted murder while reducing the sentence due to mitigating circumstances, highlighting scrutiny of evidence in violent crime cases and the need for direct corrob....
Point of Law : Conviction on the basis of statements of two police officials alone is not sustainable.
The court determined that the appellant's actions constituted culpable homicide under Section 304 Part II due to lack of intent, modifying the conviction from murder under Section 302.
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