Penal Code, 1860 – Section 397 – If the charge of committing the offence is alleged against all the accused and only one among the ‘offenders’ had used the firearm or deadly weapon, only such of the ‘offender’ who has used the firearm or deadly weapon alone would be liable to be charged under Section 397 IPC.
Arms Act 1959
Control of Organised Crimes Act, 2000 (Karnataka) – Ss 3 and 24 (1)(a) – Cognizance of and investigation into an offence – At the stage of granting prior approval under Section 24(1)(a) of the 2000 Act, the competent authority is not required to wade through the material placed by the Investigating Agency before him along with the proposal for grant of prior approval to ascertain the specific role of each accused.
Penal Code, 1860 – Ss. 302 r/w. 34 – Arms Act, 1959 – S. 25 – The trajectory of the entry of the bullet as found in the Medical Report is also quite consistent with the version that the deceased was shot from a height i.e. the roof of the house. Considering the material on record including the eyewitness’s account as well as the corroborative pieces of material, it is firmly established that the accused P fired the fatal shot from the roof of the house. The involvement of accused-P is thus beyond any doubt. AIR 2021 SC 4105 : JT 2021 (9) SC 68 : 2021 (9) SCALE 724
Murder Trial – 15-20 persons entered house, abused the father of the complainant, wherafter they started spraying bullets upon sixteen inmates of the house. The assailants are alleged to have sprinkled petrol upon the dead bodies and set them on fire along with the house – Prosecution failed to establish its case – Acquittal, proper. 2021 Cri.L.J. 3910
2009 (4) KHC 329, 2009 (4) KLT 348 IN THE HIGH COURT OF KERALA AT ERNAKULAM Justice K.T.Sankaran 2009-10-08T00:00:00 B.A. No. 5186 of 2009 Advocates… Read More »Prakash v. State of Kerala, B.A. No. 5186 of 2009 Ker.