MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The sole point that has been raised in this appeal preferred under Section 454 Cr.P.C. is the very order of confiscation of a licensed gun of the appellant wherein exercising the powers under Section 452 Cr.P.C. at the time of passing of the final judgment dated 07.10.2014, the Court of learned Sessions Judge, Hisar ordered it to be confiscated to the State. Thus, it is the claim of the owner/appellant over this gun and the orders of confiscation which are germane to these proceedings.

(2.) The concise facts are that a case by way of FIR No.708 dated 15.07.2013 under Section 307 IPC read with Section 27 of the Arms Act was registered at Police Station Sadar Hisar (Haryana) against the accused/appellant Mahender Singh. The same was on the allegations of complainant Vinod Kumar that on 14.07.2013 while he was in his fields, the accused who is his real brother, fired at him in order to kill him and the fire hit the right side of his abdomen. At the trial, the prosecution witnesses did not support the prosecution story and as a consequence of which the accused stood acquitted. However, the trial Court in the said judgment passed the following directions:

(3.) Thus, aggrieved over the denial of his weapon to him, the appellant has invoked jurisdiction of this Court. Heard.