The Indian Penal Code, 1860
Section 302/34 r/w
The Arms Act, 1959
Section 25
The charge of offence not proved beyond reasonable doubt– We find that the trial court as well as the High Court has erred in law in holding that the charge against the two accused stood proved. We are of the opinion that the prosecution has failed to prove the charge of offence punishable under Section 302/34 IPC against the two accused. We further hold that the charge of offence punishable under Section 25 of the Arms Act, 1959 against accused Ajit @ Dara Singh is also not proved beyond reasonable doubt. .....Pawan =VS= State of Haryana, [3 LM (SC) 71] ....View Full Judgment

The Accused in jail it is not possible to hold that he was in joint occupation of the house–
Set aside the conviction of Mohmed Rafiq Abdul Rahim Shaikh (A-4) under Section 25 (1) (a) & 25 (1AA) read with Section 35 of the Arms Act, 1959. Since the Accused was in jail it is not possible to hold that he was in joint occupation of the house in accordance to Section 35 of the Arms Act, 1959. .....Mohmed Rafiq Abdul Rahim Shaikh =VS= State of Gujarat, (Criminal), 2018 (2) [5 LM (SC) 91] ....View Full Judgment