Indian Penal Code, 1860, Section 307, 308, Arms Act, 1959, Section 25, 54, 59 -- Nature of offence - Accused fired at victim at the spur of moment, when victim tried to intervene between accused and one `R' - There was no pre-meditation on part of accused to attempt murder of PW7 - Injury suffered by PW7 is not grievous and is simple in nature - No cogent evidence of..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 59 -- Offence u/s 308 IPC and Ss.25, 34, 59 of Arms Act - Testimony of eye witness - Presence of PW8 at the time of occurrence is not doubtful, since he was a resident of same locality and had accompanied victim to hospital soon after occurrence - PW8 deposed regarding having witnessed accused fired at..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 39 -- Offence u/s 308 IPC and Ss.25, 34, 39 of Arms Act - False implication - Victim was shifted to hospital soon after alleged occurrence by eye witness - She stated in her statement soon after her admission in hospital before I.O regarding entire incident and attributed fire arm injury suffered by her..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 59 -- Offence u/s 308 IPC and Ss.25, 34, 39 of Arms Act - Reduction of sentence - Accused undergone agony of a prolonged trial for almost 15 years coupled with fact that there is no pending case against him - Ends of justice would be met if substantive sentence of 5 years is reduced to period already..........
Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Murder - Robbery - Handwritten letter which alleged to be given to deceased by accused was seized and same was proved to be written by accused as per handwriting expert - Question with regard to alleged letter was put to accused during their statement u/s 313 Cr.P.C but except vague..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Arms Act, 1959, Section 39, 3 -- Offence u/s 3 of the Act - Sanction of District Magistrate is a pre-condition for initiating prosecution against a person u/s 3 of the Act - Without a sanction being produced by prosecution, Court ought not to have taken cognizance on final report...........
Arms Act, 1959, Section 17(3)(b) -- Cancellation of firearm license - Registration of two criminal cases against petitioner is not a ground to cancel firearm licence...........
Arms Act, 1959, Section 17(3)(b) -- Cancellation of firearm license - Suspension order is only an interim order - District Magistrate is supposed to pass final order - Since no final order is passed, suspension order cannot be continued for indefinite period particularly when more than 10 years have passed till now - Suspension order being patently arbitrary and illegal..........
Arms Act, 1959, Section 13, 14 -- Firearm licence - Rejection - On ground of age - Firearm licence cannot be refused on the ground that person has attained age of 55 years especially when there is nothing on record to show that person is physically disabled or is sufficient from visual or hearing incapacity and is thereby unfit to bear a firearm...........
