Indian Penal Code, 1860, Section 506 -- Offence u/s 506 Part II IPC - Words uttered in fury which has only sound and same is without substance - When accused was not having any arms at the time of commission of offence or soon shown determination as to how he will be able to kill complainant, words are not sufficient to constitute offence u/s 506 Part II IPC - Accused..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Fake encounter - FIR registered against deceased u/s 307 IPC and Ss.25, 27 of Arms Act - Compensation to wife of deceased - Deceased killed by police party by opening indiscriminate firing at him when he was sitting in his car and caused 23 injuries to which he succumbed at the spot - Deceased had not..........
Probation of Offenders Act, 1958, Section 4, Arms Act, 1959, Section 25, 27 -- Benefit of probation - Offence u/ss 25, 27 of Arms Act - Incident occurred in 1995 - Accused was a young man aged about 18-19 years old at the time of incident - Subsequent to incident he has not committed any criminal offence and his conduct is very respectful with other people in society -..........
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 -..........
Arms Act, 1959, Section 25(1AA), 26(1)(2) -- Recovery of bag containing three country made pistols and amount of Rs.10,000 - Secret information - Recovery of fire arms from possession of accused is proved on record - However, there is no evidence on record that any attempt was made by accused to prevent such weapons from being seen/known by officers working with Railways..........
Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
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 307, Arms Act, 1959, Section 25 -- Attempt to murder - False case slapped against accused by police personnel's in collusion with each other - Lots of doubts are created regarding authenticity of claim of police/prosecution because of inconsistent description of PWs when applied to and compared with prevailing facts and circumstances of..........
Indian Penal Code, 1860, Section 302, 143, 144, 147, 148, 34, Arms Act, 1959, Section 4, 25, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased gave statement to police, but said statement is not part of prosecution evidence - Names of A-2 and A-3 not stated in said statement - PW2 in supplementary statement stated names of A-2 and A-3, but he has not..........
