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1 - 10 of 10 (0.33 seconds)The Arms Act, 1959
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 27 in The Arms Act, 1959 [Entire Act]
Section 3 in The Arms Act, 1959 [Entire Act]
Section 7 in The Arms Act, 1959 [Entire Act]
Section 252 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 25 in The Indian Penal Code, 1860 [Entire Act]
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
Habeeb Mohammad vs The State Of Hyderabad on 5 October, 1953
7) To strengthen his argument on the issue of
non-examination of material witness, he relied upon a
judgment rendered by the Supreme Court of India in the case
of Habeeb Mohammad v. State of Hyderabad wherein it is
held that as per Section 252 Cr.P.C. and Section 114 of Indian
Evidence Act, 1872, if the material witness is not examined, it
casts a serious reflection on the fairness of the trial. Thus, he
argued, the Court may draw an adverse inference and extend
benefit of doubt to the appellant. He further submits that
ballistic expert has not been examined, and thereby, it is not
established whether the appellant fired with the fire arm i.e.
M.O.1 - country S.B.M.L. gun or not. It is also not clear that
the weapon of the offence was triggered by the appellant.
Thus, the appellant is innocent and falsely implicated, as
such, the appeal may be allowed.
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