Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 307, 294, 34, Arms Act, 1959, Section 25, 27 -- Compounding of offence - Offence u/ss 307, 294, 34 IPC and Ss.25 & 27 Arms Act - Not an offence between private parties simpliciter - Such offences have a serious impact on the society at large - Offences are definitely against the society -..........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 25(1B)(a), (f) -- Inherent jurisdiction of High Court - High Court quashing charge sheet u/s.482 Cr.P.C. - Legality - Accused persons/crew members allegedly possessing unlicensed and unauthorized arms/ammunition on vessel - Material questions involved in instant case could be answered only with aid of..........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 45(a), 25(1B)(a), (f) -- Inherent jurisdiction of High Court - Order of High Court u/s.482 Cr.P.C. that Arms Act not applicable in present case as per S.45(a) of Arms Act - Legality - Accused persons/crew members possessing unlicensed and unauthorized arms/ammunition on vessel - High Court arriving at..........
Arms Act, 1959, Section 45(a) -- Exemption of case from applicability of Arms Act - Interpretation of S.45(a) of Arms Act - U/s.45(a) of Arms Act exemption is given to those arms/ammunition which form part of any ordinary equipment of vessel - It does not mean that it enable every vessel to carry any number of arm/ammunition regardless of its purpose, necessity and..........
Arms Act, 1959, Section 17 -- Revocation of arms licence - Mere fact that one criminal case was registered against petitioner, in which he has not used licensed fire arm and was acquitted by trial Court, is no ground to cancel arms licence - Moreover, neither licence was obtained by suppressing any material information nor licensee is a person of unsound mind or is a..........
Indian Penal Code, 1860, Section 304B, 498A, 120B, Dowry Prohibition Act, 1961, Section 3, 4, Arms Act, 1959, Section 25 -- Dowry death - Death within one year of marriage under unnatural circumstances - Failure to prove demand of dowry - No evidence of harassment or cruelty for demand of dowry soon before incident - Prosecution failed to prove its case - Defence of..........
Indian Penal Code, 1860, Section 302, 201, Arms Act, 1959, Section 25 -- Murder - Appeal against acquittal - Circumstantial evidence - Case based only on last seen evidence - Testimonies of PWs of last seen evidence recorded after four days of incident - No statement of PWs recorded immediately after recovery of dead body - No other evidence except evidence of last seen..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25(i)(a)(b) -- Murder - Criminal conspiracy - Circumstantial evidence - Last seen evidence - Since the time gap between the way deceased and A-1 were last seen together is small, it is on accused to explain the circumstances in which he parted the company of deceased - A-1 failed to discharge the onus and..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25(i)(a)(b) -- Murder - Criminal conspiracy - Apart from telephonic conversation and recovery, no other evidence was adduced by prosecution to bring home that accused persons hatched conspiracy - Presence of co-accused at the scene of occurrence not established by prosecution - As regards confessional..........
Criminal Procedure Code, 1973, Section 452 -- Release of gun and belt of cartridges - Since these two articles had been used in commission of heinous offence of murder, their return to heirs of murderer pinches the judicial conscience - More so, owner of said articles had neither charged nor convicted for any offence under Arms Act, therefore articles in question cannot be..........
