Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - All PWs were subjected to cross-examination and nothing material could be found, which could shatter their testimonies in any manner - Even pistol was taken out of armour and it was found to be in working order and report of armour was on record - Non-examination of independent witness would not be fatal, as the..........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
Indian Penal Code, 1860, Section 395, 412, Arms Act, 1959, Section 26, 35 -- Offence u/ss 395, 412 IPC and Ss.26, 35 of Arms Act - From cross examination of informant it is apparent that he cannot identify accused who has threatened him and who had taken away money from bag in vehicle - Identification of accused in TIP is also not reliable - Though PW7 and PW8 who are eye..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Arms Act, 1959, Section 4, 25 -- Triple Murder Case - Case based on two Eye witnesses - PW1 supported prosecution version in her statement in chief, but during cross examination, she turned hostile - PW2 husband of PW1 also disowned prosecution version as a whole and denied to have witnessed the occurrence - PW1 a..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 27 -- Offence of dacoity - Conviction by trial Court - Acquittal by High Court - High Court gave due reasons after considering entire materials and evidence and also gave reasons as to why non-examination of S.O. and I.O. was fatal in facts and circumstances of the case - High Court, held justified in..........
