Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25, 27, Criminal Procedure Code, 1973, Section 439 -- Recovery of 285 gms heroin - Bail - Petitioner has been in custody since 24.12.2017 - No overt act has been committed by petitioner and co-accused - No recovery has been effected from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 427, 120B, Arms Act, 1959, Section 25, 27 -- Bail - Attempt to murder - Petitioner regularly appearing before trial Court, but till date, not even a single PW has been examined - Although petitioner is facing three other cases, but he is on bail in all of them - Sending..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Once charge against accused u/s 324 IPC of voluntarily causing injuries by fire arm which is dangerous weapon stands established, they cannot escape punishment for using arms prescribed by S.27 of Arms Act - Accused rightly convicted...........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Prior enmity between parties due to land dispute - Accused were present at the place of occurrence with a firearm and injury has been caused to informant due to act of accused, as per version of PWs - Defence plea of alibi taken by accused `M' does not inspire..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where accused had assembled, taking arms weapons and were parties to assault then prosecution is not obliged to prove each specific overt act done by each of accused - In such circumstances every member of unlawful assembly is responsible for an offence committed by any member or other members in prosecution of..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder - Non-examination of second I.O - PW7/I.O who investigated the case at initial stage of investigation visited the place of occurrence and picked up blood stained soil from the spot - Therefore, presence of blood at the spot proves an occurrence and corroborates to ocular evidence with respect..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 147, 148, 149, 34, 120B, Arms Act, 1959, Section 25, 30, 3 -- Grant of bail - Matter remitted for fresh adjudication on account of factors like : (i) irrelevant considerations having impacted the impugned order granting bail; (ii) the High Court exceeding its jurisdiction by..........
