Indian Penal Code, 1860, Section 302 -- Murder - Plea of accused that it was case of accidental firing caused by his sudden fall and striking of butt of carbine machine - Said plea not tenable as no eye-witness was there except accused and deceased - However, statement of witnesses who reached place of occurrence after hearing gun shorts found accused in bent position..........
Indian Penal Code, 1860, Section 302, 307 -- Death in police encounter - Version of police that on the night of occurrence a police party was engaged in encounter with 4/5 terrorists - Two occupants of car died in cross firing - Car not damaged by firing - No injury received by driver of car - Post mortem report shows that while sitting in the car, injuries not possible -..........
Arms Act, 1959, Section 17 -- Arms licence - Cancellation - Firing in marriage ceremony - Accidental death - Petitioner involved in the criminal case on the basis of statement u/s 161 Cr.P.C. - Not a ground for suspension or cancellation of arms licence...........
Indian Penal Code, 1860, Section 300, Evidence Act, 1872, Section 3, 45 -- Murder - Circumstantial evidence - Enmity between two brothers over sharing of properties - Deceased present in house of accused at time of incident - Accused bringing gun and firing at deceased causing death - Theory of accidental fire in course of scuffle set up in defence - Not acceptable as..........
