Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Once the manner in which accused were stated to have been arrested is doubtful, alleged recovery of screw driver, knives and country made pistol made at the time of arrest is rendered unacceptable - Moreover, weapons /articles allegedly..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Dock identification by eye witnesses - No test identification parade was conducted and statement of PW1 was recorded in Court after 16 months of incident - In such circumstances, not much reliance can be placed on statement of PW1 - However,..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Indian Penal Code, 1860, Section 302, 341, 147, 148, Arms Act, 1959, Section 25, 27 -- Murder - Prosecution case is that only co-accused `G' has fired at the deceased - Respondents have been attributed no specific injury whatsoever - Allegations of having caught hold of deceased or raising of lalkaras are easy to level and are usually done so as to knit a wider net to..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - All PWs were subjected to cross-examination and nothing material could be found, which could shatter their testimonies in any manner - Even pistol was taken out of armour and it was found to be in working order and report of armour was on record - Non-examination of independent witness would not be fatal, as the..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of the Act - Reduction of sentence - Petitioner is facing prosecution since 2002 i.e. for the last about 22 years - He was only 22 years old at the time of commission of offence - Petitioner has already undergone 5 months and 2 days of sentence (including remissions) out of total sentence of 1 year - Thus, it would be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, 29 -- Bail - Offence u/ss 25, 29 of Arms Act - Petitioner is alleged to be found in illegal possession of weapons - He is in custody for a period of 1 year, 10 months and 21 days - Petitioner does not have any criminal antecedents - Trial is likely to take time as 17 PWs are yet to be examined - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 34, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - No individual was named in FIR, nor was their identity disclosed - Accused had covered their faces with cloth - Complainant did not express suspicion against any individual nor did he mention any enmity or rivalry with anyone in..........
