Arms Act, 1959, Section 25(1B)(a) -- Recovery of bag containing three country made pistols and amount of Rs.10,000 - Secret information - Informant of case supported prosecution version about recovery of weapons, described in self statement - He has proved the seizure list and FIR - I.O and Expert examined and verified firearm weapons recovered from possession of accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 114 -- Recovery of 180 gms brown sugar and arms and ammunition from house in question - Presumption of exclusive ownership - Where contraband/arm ammunition are recovered from a house/premises occupied by several persons there can be no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Arms Act, 1959, Section 25 -- Recovery of 180 gms brown sugar and arms and ammunition - Non-production of contraband/Muddamal before Court in self same condition - Recovered articles not produced with due seal and signatures and both independent Motbirs of recovery turned hostile - Weight of seized..........
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Deceased died due to gunshot injury caused by accused `M' - Weapon along with cartridges were recovered from accused `M', although rifle was licenced and issued in the name of his father - Accused `M' liable for murder of deceased and held rightly convicted...........
Indian Penal Code, 1860, Section 302, 326, 324, 34, Arms Act, 1959, Section 25 -- Murder - Six empty as well as four live cartridges recovered - However, neither any empty or bullet of revolver attributed to accused `K' and `P' were recovered from them - No evidence on record that alleged fired shots attributable to these accused which missed had hit any wall or shutter of..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25(1A) -- Attempt to murder - Appeal against acquittal - Acquittal upheld viz: (i) name of accused not mentioned by eye witness/brother of victim to Chief Medical Superintendent, despite knowing the accused; (ii) weapon of offence/pistol recovered from pocket of accused next day is improbable; (iii) weapon of..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Death of deceased due to gunshot injury - Variance in statement of eye witness PW1 and contents of FIR, regarding gunshot injury which makes his presence on the spot doubtful - Motive of crime not proved on record - Case of prosecution is that accused pushed deceased along with his motorcycle in..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 8 -- Murder - Motive - All material witnesses including eye witnesses not supported prosecution case - FSL report does not prove that fire arm injury to deceased was caused by country made pistol recovered from accused by police - Moreover, prosecution failed to prove that any..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
