Arms Act, 1959, Section 17, Arms Rules, 2016, Rule 24, 34 -- Renewal of arms licence - Power conferred on competent authority in terms of S.17 of the Act and Rules framed under Rules, 2016 (amended) makes it clear that conditions stipulated for grant of licence would equally apply in relation to renewal also - First respondent merely acted on report of second respondent..........
Arms Act, 1959, Section 25, 54, 45 -- Recovery of live bullet from pocket of accused without valid license - Quashing of proceedings - No fire arm recovered from accused - Accused stated that live bullet was with him by mistake as he was wearing his uncle's pant and a valid arms license is issued to his uncle - Possession of ammunition was unconscious and there was no..........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25 -- Murder - Mere recovery of weapons of offence on basis of disclosure statements would not justify conviction u/s 302, 120-B IPC...........
Indian Penal Code, 1860, Section 302, 149, 148, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Testimony of sole eye-witness - Once testimony of sole eye witness discarded it would result in acquittal of convict because they were directly named by sole eye-witness as being present at the spot and of having fired shots/exhorted/driving and..........
Arms Act, 1959, Section 25(1b), 26, 35 -- Offence u/ss 25(1-b), 26, 35 of Arms Act - Petitioner along with two others caught by public after having shot a person - However, no recovery of firearm or ammunition effected from petitioner and that he was caught outside vehicle - No evidence that petitioner was aware of the fact that firearm were carried by co-accused -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 30 -- Blind Murder case - Circumstantial evidence - Star witness of prosecution PW3 not supported prosecution case and turned hostile - Complainant deposed in tune with FIR - There is no eye witness to incident - PW4, though stated that white colour scooty was seen to be parked on the spot, but he never..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Gunshot injury - Deceased died due to single gunshot injury resulting in instantaneous death - However, alleged eye witness reached to the place of occurrence after incident which had already taken place - There is previous enmity between parties, thus, possibility of false implication of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 326, 232, 324, 427, 34, Arms Act, 1959, Section 25, 54, 59 -- Quashing of proceedings - Compromise - Offence u/ss 452, 326, 232, 324, 427, 34 IPC and Ss.25, 54, 59 of Arms Act - Dispute between parties amicably settled inter se - Compromise is genuine - FIR along with consequent proceedings..........
Evidence Act, 1872, Section 3 -- Inconsistency between evidence of eye witnesses and medical evidence - As per eye witnesses four fire arms shots hit the deceased on head - As per doctor there were only two entry wounds - Court has to go by the statement of doctor as prosecution did not pray that doctor be declared a hostile witness - Evidence of doctor belies evidence of..........
Indian Penal Code, 1860, Section 302, 392, 397, 34, Arms Act, 1959, Section 25 -- Murder - Weapon of offence not exhibited before Court - Bald testimony of police official about recovery of weapon and its use in two crimes - Cannot be taken to be admissible...........
