Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Once charge against accused u/s 324 IPC of voluntarily causing injuries by fire arm which is dangerous weapon stands established, they cannot escape punishment for using arms prescribed by S.27 of Arms Act - Accused rightly convicted...........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Prior enmity between parties due to land dispute - Accused were present at the place of occurrence with a firearm and injury has been caused to informant due to act of accused, as per version of PWs - Defence plea of alibi taken by accused `M' does not inspire..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where accused had assembled, taking arms weapons and were parties to assault then prosecution is not obliged to prove each specific overt act done by each of accused - In such circumstances every member of unlawful assembly is responsible for an offence committed by any member or other members in prosecution of..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - Non-examination of second I.O - PW7/I.O who investigated the case at initial stage of investigation visited the place of occurrence and picked up blood stained soil from the spot - Therefore, presence of blood at the spot proves an occurrence and corroborates to ocular evidence with respect..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1A), 25(1B) -- Murder - Reliability of sole eye-witness - Conviction - Witnesses corroborate PW1 - Therefore, prosecution has been able to prove PW1 was an injured eye-witness to the incident - All evidence proved the offence - Conviction upheld...........
Arms Act, 1959, Section 30 -- Offence u/s 30 of the Act - No evidence to establish any willful violation by accused of any of conditions of a licence or any provision of the Act or any rule - Accused thus, liable to be exonerated from the offence u/s 30 of the act...........
Arms Act, 1959, Section 29(b) -- Offence u/s 20(b) of the Act - No evidence on record to establish that fire arm was handed over to co-accused by accused - On the contrary co-accused illegally took licensed fire arm of accused without his permission and knowledge and used the said weapon to murder deceased - Accused cannot be charged u/s 29 of the Act - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 149, 148, 147, 109, 212, 216, 201, Arms Act, 1959, Section 25(IA), 25(IAAA), 25(1B)(a), 25(1B)(c), 27(3), 30 -- Bail - Murder - Accused is the main person who is behind the conspiracy and he is responsible for commission of murder of Mayor - He arranged the vehicles and masks etc. to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 307, 341, 323, 147, 148, 149, 201, 120B, Arms Act, 1959, Section 25, 29B, 30 -- Anticipatory bail - Murder - Accused main conspirator in the case - He was absconding not only in present case but also in another FIR registered against him - Custodial interrogation of accused appears to be..........
