Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27 -- Attempt to murder - Disclosure statement - Recovery of pistol - Pistol alleged to have been used in the crime was recovered from open space which is accessible to all - This fact in pursuance of disclosure statement of accused `S' is not acceptable as at the..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 302, 120B, 109, 153A, 201, 34, Arms Act, 1959, Section 27, Unlawful Activities (Prevention) Act, 1967, Section 15, 16, 17, 18, 20 -- Discharge - Murder - Criminal conspiracy - Accused is President of Popular Front of India (PFI) and other accused are members of PFI - Charge sheet reveals that..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of one live cartridge - No whisper of an averment in FIR as averred in charge sheet that petitioner was aware of being in alleged conscious and knowledgeable possession of ammunition in question - FIR along with proceedings emanating therefrom against petitioner quashed...........
Arms Act, 1959, Section 14 -- Arm`s license - Refusal to grant - Mere fact that there is no threat perception to applicant for safety of life and property, is no ground mentioned u/s 14 of the Act for refusal of license...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 186, 353, 307, 482, 34, Arms Act, 1959, Section 27 -- Framing of charge - Offence u/ss 186, 353, 307, 482, 34 IPC and S.27 Arms Act - As prosecution has failed to record statement of any police official that after surrender and arrest of petitioner in Court, he was identified by them as the person..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Rifle was recovered from house of A-1 as per his disclosure statement and a double barrel gun was also recovered from house of A-2 - However, post mortem report does not state as to whether those gun wounds were caused by rifle or by gun - In the absence of definite..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Source of light at the spot - Identification of accused - Incident occurred in agricultural field of complainant where it was dark - Panchnama of scene of occurrence shows no indication of electric light at the spot - Case of prosecution is that accused and six other co-accused..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25 -- Offence u/s 307 IPC - Accused `R' in furtherance of common object pointed gun at police - Accused had hatched criminal conspiracy which is duly proved by prosecution - Accused rightly convicted u/s 307 IPC - Since gun was snatched by ASI - Co-accused and accused were also in possession of arms thus,..........
