Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Merely because co-accused was acquitted, Court cannot ignore evidence against absconding accused and jump to same conclusion as in case of co-accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 427, 34, Arms Act, 1959, Section 27 -- Quashing of proceedings - Offence u/ss 341, 323, 324, 427, 34 IPC and S.27 of Arms Act - Investigation is not yet complete against accused and final report is not yet filed - There is possibility of further evidence being gathered against..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Disclosure statement - Murder - Information to the extent that accused admitted that he murdered deceased by gunshot injury is inadmissible u/s 27 of Evidence Act, as such information does not distinctly relate to fact discovered...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Gun-shot injury - Prosecution failed to bring out any evidence that gun recovered at the instance of accused was the gun which was used by accused to kill deceased - Even, prosecution did not lead any evidence regarding circumstance prior to incident that from where accused had..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B)(a), 27(1) -- Murder - Prior enmity - PW11 stated that there was enmity between accused and deceased due to illicit relationship between accused and wife of deceased - However, none of witnesses have stated that they have idea about illicit relationship between wife of deceased and accused - Even wife of..........
Indian Penal Code, 1860, Section 302, 307, 409, 420, 406, 467, 468, 109, 201, 188, 120B, Arms Act, 1959, Section 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Murder - Bail - No tangible material to indicate that delivery of revolver to assailant was actually by petitioner's son and not petitioner himself - Implicating petitioner in alleged conspiracy when..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Recovery of weapon of offence - Recovery effected from confession of accused - Weapons were dug out from underneath sand in an open ground - It cannot be said that recovery of weapon of offence was from an open place accessible to all - Minor discrepancies in evidence and..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Complainant and victim as eye witness identified accused - Recovery of weapon of offence on the confession of accused from underneath ground from place shown by accused proved by oral evidence of panch witness - Panch witness also identified accused in Court, as person at..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Enhancement of sentence - Prosecution proved its case against accused - Considering gravity and seriousness of offence, sentence of accused enhanced u/ss 307, 114 IPC to 7 years...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 399, 402 IPC - Petitioner was never arrested at the spot - Five persons who were stated to be making preparation for committing dacoity were all apprehended at the spot - Petitioners is stated to be nominated only on basis of..........
