Criminal Procedure Code, 1973, Section 154, 482, Arms Act, 1959, Section 25(1b)(a), 27 -- Two FIRs - Quashing of second FIR - Offence u/ss 25(1b)(a), 27 IPC - For same occurrence no two FIRs could be allowed to survive - However, narration of both the cases in hand are distinct to each other, as present case is for recovery of arms and ammunition and earlier case relates..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Second bail application - Murder of wife by husband - Evidence on record shows that accused murdered his wife - Motive of crime is that deceased is said to have got an insurance of Rs.5 lakhs - Weapon of offence also discovered at the pointing of accused -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Finding of High Court based on appreciation of evidence that it was accused alone and no one else who fired a bullet from his revolver within a short range to deceased which caused his death immediately after the incident - Prosecution thus, able to prove its case beyond..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Gu, shot injury - Sentence - Accused has undergone more than 14 years of jail sentence and he is still in Jail undergoing his sentence - He is thus, eligible for his release by State in terms of Rules in accordance with law depending upon a case made out by him - Liberty granted to accused to..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Offence u/ss 399, 402 IPC and S.25 of Arms Act - Reduction of sentence - Incident occurred in 1980 - Accused was young boy at that time - Conduct of accused in jail satisfactory as per jail report - Accused not involved in any other criminal case - Sentence of accused limited to period already..........
Arms Act, 1959, Section 25(1B)(a) -- Recovery of country made pistol loaded with live cartridges and two other live cartridges - Not a case of accused that he has a licence for possession of country made pistol - Possession of country made pistol without licence is punishable u/s 25(1B)(a) of the Act - Sentence modified to the period already undergone which is 1-1/2 years...........
Arms Act, 1959, Section 25(1AA) -- Recovery of six live cartridges from a car driven by A-1 - A2 was no where near the car - He was arrested only because he was the registered owner of car - A-2 was not in possession of prohibited ammunition at all, much less for purpose of sale which is a requirement for attracting provision of S.25(1-AA) of the Act - Conviction of A-2..........
Arms Act, 1959, Section 25(1)(a) -- Constructive possession - Recovery of six live cartridges from back seat of car driven by A-1 - A-2 was no where near the car - He was arrested only because he was the registered owner of car - A-2 was not found in actual possession of cartridges - No evidence on record that A-2 knew that what A-1 was carrying in car or that he had kept..........
Arms Act, 1959, Section 25(1)(a) -- Constructive possession - Arms and ammunition - For constructive possession, it is necessary that either there is proof that accused had placed weapons or was at least in control of house in which they were found...........
Arms Act, 1959, Section 25(1AA) -- Recovery of live cartridges from bungalow occupied by A-4 - Constructive possession - A-4 convicted only on the basis of his admission in cross-examination, wherein he is shown as occupier of house in records of Municipal Corporation - However, A-4 was not present in house at the time of recovery nor he was present in house for days..........
