Probation of Offenders Act, 1958, Section 3, 4, Arms Act, 1959, Section 25, 4 -- Benefit of probation - Offence u/ss 25, 4 of Arms Act - Accused has no criminal antecedent and is the first offender - Benefit of S.4 of P.O. Act granted to accused...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 43D(5), 17, 18, 21, Indian Penal Code, 1860, Section 120B, 414, 384, 386, 387, Arms Act, 1959, Section 25(1B)(a), 26, 35 -- Bail - Offence u/ss 17, 18, 21 of Unlawful Activities Act, Ss.120-B, 414, 384, 386, 387 IPC and Ss.25(1-B)(a), 26, 35 of Arms Act - Allegation that accused..........
Indian Penal Code, 1860, Section 304I, Arms Act, 1959, Section 25, 27 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Accused opened fire with license gun of his father to deceased under misconception that deceased was miscreant, who intruded in his house at 1.30 AM in dark hours of night and hidden himself in the attari of house - Reasonable apprehension occurred in..........
Indian Penal Code, 1860, Section 304I, Arms Act, 1959, Section 25, 27 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Plea raised by prosecution first time during trial that accused was bearing torch in his hand and in the light of torch he had verified identity of deceased and he opened fire with gun on account of illicit relations of deceased with the wife of..........
Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Arms Act, 1959, Section 3, 25, 30, Unlawful Activities (Prevention) Act, 1967, Section 18 -- Default bail - Charge sheet filed for offence under IPC and Arms Act - Second charge sheet for offence under UAPA filed after two days of filing application by accused u/s 167..........
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 25(1B)(a) -- Murder - Fire arm injury - Deceased was last seen in the company of co-accused - In absence of any evidence on record to show that deceased was also seen with accused `R' lastly by PW3 and PW12, prosecution has not proved its case beyond reasonable doubt against accused `R' - Accused `R' rightly..........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54 -- Bail - Attempt to murder - Once during trial injured person has failed to identify accused being one who has inflicted injuries upon him and trial is likely to take some time before same finishes, no useful purpose will be served by keeping..........