Showing : 1-10 of 220 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c)-- Murder - Gunshot injury - Rifle was recovered from house of A-1 as per his disclosure statement and a double barrel gun was also recovered from house of A-2 - However, post mortem report does not state as to whether those gun wounds were caused by rifle or by gun - In the absence of definite..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c)-- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused surrounded..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c)-- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused not..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3-- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
DELHI HIGH COURT
Year of decision: 2019
Details
Arms Act, 1959, Section 25-- Conscious possession - Expression `possession' in S.25 of the Act refers to possession backed with requisite mental element that is conscious possession - Mere custody without awareness of nature of such possession does not constitute an offence under the Act...........
DELHI HIGH COURT
Year of decision: 2019
Details
Arms Act, 1959, Section 25-- Recovery of one live cartridge - Conscious possession - Petitioner was in possession of one live cartridge - However, he expressed his lack of awareness in respect of said cartridge till same was detected by security staff during screening of baggage - Petitioner also holds a valid arms license -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a)- - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident occurred - Prosecution thus, failed to prove its case - Defence on the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A)-- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of accused recorded under provisions of TADA Act - Since accused cannot be proceeded for TADA offences..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 506, Arms Act, 1959, Section 25, 27-- Murder - Death sentence - High Court while affirming conviction and sentence as awarded by trial Court, not dealt with issue as to whether conviction recorded by trial Court was justified or not - High Court was sitting as a Court of first appeal, therefore required to revisit entire evidence and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 341, Arms Act, 1959, Section 25(1A), 27-- Murder - Recovery of pistol and FSL report - Recovery effected from house of A-1 on his confessional statement - FSL report shows that pistol recovered was in working condition and fatal injuries could be caused from using said pistol - Three eye witnesses have attributed specific overt act of..........

Showing : 1-10 of 220 Results