Criminal Law - Dacoity - Requirement of Five or More Persons - Appeals against convictions under Sections 395 and 397 IPC - Accused convicted for dacoity by trial court despite being less than five persons - Held, conviction for dacoity requires five or more persons as per Section 391 IPC - Conviction of less than five persons for dacoity erroneous - Convictions set aside. [Paras 11, 13, 17]

Identification of Accused - Importance of Test Identification Parade - Appeals also challenge identification - Held, accused identified in court for the first time after four years without prior test identification parade - Such identification meaningless - Accused acquitted. [Paras 15, 16, 18]

Decision - Acquittal of Appellants - High Court finds trial court's convictions unsustainable due to lack of required number of persons for dacoity and flawed identification process - Convictions and sentences set aside - Appellants acquitted and ordered to be released. [Paras 19, 20]

Criminal Law - Dacoity - Unexplained Delay in Sending Recovered Weapons for Testing - Appeals against convictions for preparation and assembly for dacoity - Unexplained delay in sending recovered weapons for testing and absence of test firing - Raises doubts about prosecution's case - Held, weapons not sealed at recovery site and parcels prepared later, casting suspicion on prosecution - Appeals allowed, convictions set aside. [Paras 22, 23]

Independent Witnesses - Non-Joining of Independent Witnesses - Analysis - Held, no efforts made to call independent witnesses from the vicinity, despite availability, undermines the credibility of prosecution - Prosecution's case becomes doubtful without independent witness corroboration. [Paras 17, 18]

Decision - Acquittal of Appellants - High Court acquits appellants due to lack of credible evidence and procedural lapses in investigation - Convictions and sentences set aside - Appellants ordered to be released unless required in another case. [Paras 23, 24]

Motor Vehicles Act - Quantum of Compensation - Enhancement - Appeal challenging the awarded compensation for death of a minor child - Held, notional income of deceased child taken as Rs. 30,000/- per annum with a multiplier of 16 as per Sarla Verma case - Compensation for loss of dependency fixed at Rs. 4,80,000/- - Additional Rs. 44,000/- each awarded to parents for loss of consortium - Enhanced total compensation awarded. [Paras 10-11, 14]

Calculation of Compensation - Analysis - Held, notional income appropriately set at Rs. 30,000/- per annum considering inflation and cost of living - Multiplier of 16 applied based on mother's age - Compensation recalculated and enhanced based on latest judicial precedents and inflation adjustments. [Paras 9-11]

Decision - Enhanced Compensation Awarded - High Court enhances compensation to Rs. 5,84,500/- inclusive of loss of dependency, loss of consortium, and funeral expenses - Appeal allowed with enhanced compensation apportioned as per Tribunal’s order. [Paras 12-15]

Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistrate’s order is impermissible – Competence of police officer to conduct raid not justified – Raid conducted without independent witnesses – FIR and consequent proceedings quashed due to procedural irregularities – Petition allowed. [Paras 1-21]

Competence of Police Officers – Raids for Non-Cognizable Offenses – Held – As per Section 5 of the Public Gambling Act, only a Magistrate or authorized officer can permit raids – ASI conducting raid without warrants was impermissible – Raid and FIR marred by procedural irregularities. [Paras 8-10, 18]

Judicial Precedents – Abuse of Process – Powers under Section 482 Cr.P.C. – Reference to Supreme Court and High Court decisions emphasizing prevention of abuse of process and securing ends of justice – Investigation in non-cognizable offenses to be done strictly as per legal provisions – FIR and proceedings quashed due to violation of legal procedures. [Paras 15-20]

Decision – Quashing of FIR and Proceedings – Court quashes FIR No. 98 dated 25.7.2020 and consequent proceedings due to procedural irregularities and abuse of process of law – Petition allowed. [Para 21]

Service Law - Dismissal from Service - Requirement of Regular Inquiry – Held, the punishment of dismissal from service can be inflicted for good and sufficient reasons only after a regular inquiry in terms of Rule 8 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 has been held. The petitioner had not concealed his qualifications at the time of initial engagement or subsequent appointment. The documents of the petitioner were not alleged to be forged or false. The impugned dismissal order is not legally sustainable. [Paras 1-16]

Regularization of Service - Non-fulfillment of Eligibility Criteria - Impugned Dismissal – Held, the petitioner’s dismissal from the post of Hindi Master was neither in consonance with the terms and conditions of his initial engagement nor as per subsequent appointment or in accordance with the Punjab Civil Services (Punishment & Appeal) Rules, 1970. The petitioner shall be allowed to continue as Hindi Master with all service benefits for the intervening period. [Paras 17-18]

Decision - Quashing of Dismissal Order – The court quashed the dismissal order and directed the reinstatement of the petitioner with all consequential benefits, allowing the State Government to proceed afresh in the matter as per law. [Para 19]

Evidence Law - Secondary Evidence - Quashing of Order - Petition to quash order dismissing application for leading secondary evidence - Original documents produced in preliminary stage untraceable due to office shifting - Held, petitioner genuinely unable to produce original documents - Permitted to adduce secondary evidence as per exceptions under Sections 65 and 66 of the Indian Evidence Act - Petition allowed. [Paras 10-12]

Conditions for Admissibility of Secondary Evidence - Analysis - Held, secondary evidence admissible when original documents are lost or destroyed and beyond control of the party - Requirement to authenticate secondary evidence remains - Respondent allowed to object to admissibility during trial. [Paras 9-11]

Decision - Permission to Lead Secondary Evidence - High Court sets aside order dismissing application for secondary evidence - Petitioner permitted to adduce secondary evidence - Respondent granted liberty to object to admissibility - Petition allowed. [Paras 12-14]

Motor Vehicles Act - Quantum of Compensation - Enhancement - Appeals challenging the awarded compensation for death of a 55-year-old in a vehicular accident - Held, compensation enhanced considering future prospects, loss of consortium, and updated multiplier - Enhanced compensation awarded. [Paras 10-14]

Violation of Insurance Policy Terms - Goods Carriage Vehicle - Route Permit - Gratuitous Passenger - Held, insurance company not liable for additional compensation due to violation of policy terms - Deceased traveling as gratuitous passengers in a vehicle without requisite permit - Insurance company entitled to recovery rights against the vehicle owner. [Paras 15-18]

Decision - Enhancement of Compensation and Recovery Rights - High Court enhances the compensation awarded by the Tribunal and grants recovery rights to the insurance company against the vehicle owner for violating policy terms - Appeals allowed in part. [Paras 19-20]

Criminal Procedure - Quashing of FIR - Offence under Section 188 IPC - Petition to quash FIR on grounds that police registered it without written complaint from public servant - Held, Section 195 CrPC requires written complaint from public servant to take cognizance of offences under Section 188 IPC - FIR registered by police without such complaint is void ab initio - FIR and subsequent proceedings quashed. [Paras 16, 22, 23]

Role of Police and Judicial Mind - Analysis - Held, police cannot register FIR for offences under Section 188 IPC as it results in submission of police report barred by Section 195(1)(a) CrPC - Complaint must come directly from public servant concerned - Magistrate’s order must reflect application of judicial mind. [Paras 16, 17]

Decision - Quashing of FIR and Proceedings - High Court quashes FIR and subsequent proceedings for procedural infirmity - Continuation of proceedings would amount to abuse of process of law - Petition allowed. [Paras 21, 22, 23]

Additional Evidence - Scope and Permissibility - Revision petition against the First Appellate Court’s order allowing additional evidence - Held, additional evidence permissible under Order XLI, Rule 27(b) CPC if necessary for pronouncing judgment - First Appellate Court correctly allowed mutation record as it was critical to determine the coparcenary nature of the property - Revision petition dismissed. [Paras 21, 23, 24]

Importance of Mutation Record - Analysis - Held, mutation record is crucial to establish whether the property is ancestral joint Hindu coparcenary property - The trial court's failure to decide this issue led to the remand - The First Appellate Court’s discretion to allow additional evidence to achieve substantive justice upheld. [Paras 21, 22, 24]

Decision - Dismissal of Revision Petition - High Court upholds the First Appellate Court’s order allowing additional evidence - The mutation record deemed necessary for a just decision - Revision petition dismissed. [Para 25]