Indian Penal Code, 1860, Section 302, 34, 307, Arms Act, 1959, Section 25, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - - Murder - Dispute as to identity of A-2 - Contradiction in the case of prosecution and sentence adduced in Court as to who fired gun shots - Recovery of weapons from accused is also not proved by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 - - Offence u/ss 307, 34 IPC and S.25 Arms Act - Retraction by injured in subsequent statement - Earlier injured narrated that gun shot was fired accidentally but subsequently it was stated that it was intentional - Considering the variance in the statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Indian Penal Code, 1860, Section 307, 323, 34, Criminal Procedure Code, 1973, Section 320, 482 -- Quashing of FIR - Compromise - Offence u/s 307, 323, 34 IPC and Ss.25, 27 Arms Act - There is fire arm injury on the calf and invocation of S.307 is debatable on said issue - Moreover, continuation of criminal proceedings between parties would be abuse of process of law - FIR..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/s 25 Arms Act - Allegation of recovery of 2 live cartridge and .32 bore pistol - As petitioner is in custody since 2018 and trial of the case still to take some more time therefore, no useful purpose would be served by detaining petitioner behind bars - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Arms Act, 1959, Section 21, Constitution of India, 1950, Article 21 -- Deposit for fire arms - For holding free and fair elections - Respondents cannot compel petitioners/arm licensees to deposit their firearms, unless their cases have been objectively reviewed/assessed by a competent authority in writing and after complying with the provisions of law - However, said order..........
Arms Act, 1959, Section 25 -- Conscious possession - Expression `possession' in S.25 of the Act refers to possession backed with requisite mental element that is conscious possession - Mere custody without awareness of nature of such possession does not constitute an offence under the Act...........
Arms Act, 1959, Section 25 -- Recovery of one live cartridge - Conscious possession - Petitioner was in possession of one live cartridge - However, he expressed his lack of awareness in respect of said cartridge till same was detected by security staff during screening of baggage - Petitioner also holds a valid arms license - There is no other material on record to show..........
