Indian Penal Code, 1860, Section 324, 307, 304(Part II), Arms Act, 1959, Section 25 -- Acquittal by trial Court - Conviction by High Court - High Court discarded the important pieces of evidence on the basis of surmises and conjectures - Testimony of an eye witness does not support the testimony of injured witnesses on material and vital aspects - These discrepancies are..........
Arms Act, 1959, Section 25 -- Indian Penal Code, 1860, 307, 324, 304 Part II - Weapon of offence - Rifle of .302 bore sent to Ballistic Expert whereas rifle of .315 bore was used in the commission of offence - The discrepancy and inconsistency in regard to the use and recovery of weapon of offence from the possession of accused is very vital to discard the truthfulness of..........
Indian Penal Code, 1860, Section 324, 307, 304 (Part II), Arms Act, 1959, Section 25 -- Acquittal by trial Court - Conviction by High Court - High Court discarded the important pieces of evidence on the basis of surmises and conjectures - Testimony of an eye witness does not support the testimony of injured witnesses on material and vital aspects - These discrepancies are..........
Criminal Procedure Code, 1973, Section 439, Prevention of Terrorism Act, 2002, Section 49, 3(1)(A)(B), 4, 20, 21, 22(3)(A)(B), Indian Penal Code, 1860, Section 120B, 121A, 122, 123, Arms Act, 1950, Section 25(1)(B) -- Bail - Bail - Appellant facing trial for various offence - Role of accused clearly established - His links with absconding accused also established -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 121, 121A, 122, 123, Arms Act, 1959, Section 25(1)(b), 25(1)(c), 27, 29 -- Bail - Appellants alleged to be carrying out terrorist activities for taking revenge of loss of lives and properties of Muslim community - Gravity of offence considered - Prima facie case made out against appellants -..........
Arms Act, 1959, Section 25 -- If prosecution case of attempt to murder by gun-shot injury fails, resultantly the prosecution u/s 25 Arms Act also fails...........
Criminal Procedure Code, 1973, Section 437, 439, Indian Penal Code, 1860, Section 120(B), 121, 121(A), 122, 123, Arms Act, 1959, Section 25(1)(b), 25(1)(c), 27, 29 -- Bail - Offence u/ss.120(B), 121, 121(A), 122 & 123 IPC & Ss.25(1)(b), 25(1)(c), 27 & 29 of Arms Act - Bail application in an offence which involves the security of the State should be rejected - Application..........
Indian Penal Code, 1860, Section 353, 420, 468, 471, 472, 473, 474, 120B, Explosive Substances Act, 1908, Section 4, 5, Arms Act, 1959, Section 7, 25 -- Punishment for various offences - Maximum sentence awarded 7 years - All sentences ordered to run concurrently - Appellant already remained in jail for seven years - Appeal more or less, academic and has become infructuous..........
Indian Penal Code, 1860, Section 353, 420, 468, 471, 472, 473, 474, 120B, Explosive Substances Act, 1908, Section 4, 5, Arms Act, 1959, Section 7, 25 -- Punishment for various offences - Maximum sentence awarded 7 years - All sentences ordered to run concurrently - Appellant already remained in jail for seven years - Appeal more or less, academic and has become infructuous..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 34 IPC and S.25 Arms Act - Petitioner not amongst the accused who caused bullet injury - Petitioner driving a car in which two accused ran away - Only evidence against petitioner is the disclosure statement of co-accused in which they..........
