Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - FIR lodged against unknown persons and no eye witness named - Alleged eye witnesses have come through affidavits that too after about eight days - Even, the correctness of affidavits was denied by giving contradictory stand - No empty cartridge recovered from the spot - Categorical finding was..........
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 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 - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gun-shot injury - Prosecution failed to bring out any evidence that gun recovered at the instance of accused was the gun which was used by accused to kill deceased - Even, prosecution did not lead any evidence regarding circumstance prior to incident that from where accused had..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Complainant and victim as eye witness identified accused - Recovery of weapon of offence on the confession of accused from underneath ground from place shown by accused proved by oral evidence of panch witness - Panch witness also identified accused in Court, as person at..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Claim of parity - Co-accused acquitted, as he used a local fire arm but police had not recovered empty cartridges or pellets from spot - Post mortem also does not refer to any pellet injuries - He was given a benefit of doubt - Accused not entitled to same benefit and thus rightly convicted...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, 27 -- Murder - Gunshot injury - Recovery of single barrel gun with cartridge from house of `L', licence holder - Report of forensic lab only shows that such gun was used in commission of crime, but prosecution failed to establish which of accused had actually used gun - Gun recovered on disclosure..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 353, 186, 283, 188, 160, 148, 149, Arms Act, 1959, Section 25, 57, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(t), 3(2)(v) -- Prevention of Damage to Property Act, 2014, S.3 - Bail - Weapons of all the four accused were recovered and..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of three cartridges - No fire arm or weapon recovered from petitioner nor had she extended any threat to any person of police official - Petitioner was not aware of being in alleged conscious and knowledgeable possession of cartridges in her baggage, especially when her..........
