Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 34, Arms Act, 1959, Section 25 -- Bail - Snatching - There is no allegation against petitioner qua directly being involved in the incident of snatching as such - Petitioner is in custody since 17.07.2023 - Without considering the merits of case, accused ordered to be released on bail...........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
Arms Act, 1959, Section 25 -- Recovery of single live cartridge - Presence of single live cartridge alone recovered from baggage of petitioner without a corresponding fire-arm indicates that there was no conscious possession of a fire-arm by petitioner - Offence u/s 25 of the Act not made out...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Arms Act, 1959, Section 25(IB)(a) -- Acquittal - Appellants filed appeal against conviction for the offence u/s 25(IB)(a) of the Act - Held, in case of secret information the investigating agency must join some independent witnesses - There is no plausible reason brought on record by the prosecution that why no independent witness was joined at the time of effecting..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 stated that accused `S' had opened fire - Firearm was recovered from accused `S' and his name appeared in statement given by PW1 - Case against accused `S' proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 4, 25 -- Murder - Injured witness/PW1 has not given any description of persons who were riding on motorcycle of accused `S' - No TIP was got conducted for the same - Case against other accused not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - All the star witnesses of prosecution including injured turned hostile - However, there is enough evidence/material on record to prove direct connectivity of bullet recovered from the body of injured which was fired from pistol got recovered by accused - Accused has..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Attempt to murder - Single shot injury - Reduction of sentence - Complainant and accused are members of one family - Incident occurred in 2001 of single shot injury - Accused has undergone sentence period of 6 months and 4 days uptill 2002 - No other instance of involvement of accused in any criminal..........