Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
Arms Act, 1959, Section 17 -- Cancellation of arms licence - Licence cannot be revoked on the ground of old age of petitioner - Order revoking licence of petitioner held, set aside - Matter remitted back to respondent for deciding renewal application filed by petitioner afresh...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased died due to firearm injuries - Post mortem report and doctor stated that injuries were caused over body of deceased with firearm and bullet was found embedded in the body - Recovery of weapon at the instance of accused from his bua's house proved on record -..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased was last seen in the company of co-accused - In absence of any evidence on record to show that deceased was also seen with accused `R' lastly by PW3 and PW12, prosecution has not proved its case beyond reasonable doubt against accused `R' - Accused `R' rightly..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Gunshot injury - Weapon of offence not recovered - Merely because weapon is not seized not a ground to acquit accused when his presence and his active participation and using firearm by him has been established and proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Gunshot injury - Presence of accused at the time of incident and his active participation established and proved by prosecution by examining injured eye witness and other two eye witnesses - Mere contradictions in deposition of eye witnesses cannot be fatal to prosecution case, as deposition..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - There is no date of birth certificate from school or matriculation or equivalent certification or a birth certificate given by a Corporation or Municipal Authority or Panchayat - As regarding ossification test, in absence of any reliable trustworthy medical evidence to find out..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, 30 -- Murder of wife by husband - Gunshot injury - Testimony of children - Accused was habitual of drinking - He had an extra marital affair with one lady - Cause of tussle between accused and deceased was extra marital affair - Accused was in habit of verbally abusing and physically assaulting deceased -..........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
