Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 506, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 336, 506, 148, 149 IPC and Ss.25, 27 Arms Act - As per allegations, a gun shot was fired by accused, however, no injury was caused to complainant or anyone else - Moreover, parties have already compromised the..........
Indian Penal Code, 1860, Section 304(Part II), 109, 203, 97, Tamil Nadu Forest Act, 1882, Section 36A, Arms Act, 1959, Section 3, 25(1B)(a) - - Offence u/ss 304(Part II), 109, 203 IPC, S.36-A, E of 1882 Act and Ss.3, 25(1-B)(a) of Arms Act - Right to private defence - Eye witnesses turned hostile - No evidence on record to prove as to how and in what manner incident..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(2) -- Prior sanction for prosecution - Validity - Sanction (Ext.57) qua A-3 accorded merely on the basis of possession and recovery of two walky-talkies from him - A-3 not examined by prosecution - A walky-talky is certainly not one of those classified arms and ammunition, as mentioned under TADA -..........
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A) -- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Killing of deceased was with aim of restraining construction of boundary wall - Evidence as well as eye witness account proved beyond reasonable doubt that injury caused by accused which proved fatal to deceased - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder case - Sentence modified by High Court on wrong factual premise - Trial Court acquitted four accused u/ss 302, 149 IPC but convicted u/s 27 of Arms Act - High Court convicted all of them u/ss 302, 149 IPC and S.27 of Arms Act in appeal on the wrong factual premise that accused have suffered..........
Indian Penal Code, 1860, Section 302, 506, Arms Act, 1959, Section 25, 27 -- Murder - Death sentence - High Court while affirming conviction and sentence as awarded by trial Court, not dealt with issue as to whether conviction recorded by trial Court was justified or not - High Court was sitting as a Court of first appeal, therefore required to revisit entire evidence and..........
Indian Penal Code, 1860, Section 302, 341, Arms Act, 1959, Section 25(1A), 27 -- Murder - Recovery of pistol and FSL report - Recovery effected from house of A-1 on his confessional statement - FSL report shows that pistol recovered was in working condition and fatal injuries could be caused from using said pistol - Three eye witnesses have attributed specific overt act of..........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Pallet injuries - Material contradictions, discrepancies and omissions in statements of PWs - Injuries received by complainant not corroborated by medical report to prove that injury was caused by gunshot - Recovery witnesses turned hostile and not supported prosecution story..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 32 -- Murder - Non-recording of dying declaration - There is no evidence on record to indicate that deceased had achieved degree of stable health which was good enough for her to have given a dying declaration - In such circumstances, non-recording of dying declaration of..........
