Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Circumstantial evidence - Prosecution failed to establish commission of alleged offence by accused beyond all reasonable doubt - Benefit of doubt thus, given to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 394 -- Delay in lodging FIR - Offence u/s 394 IPC - Police chowki is barely 3 kms away from village as admitted by PW1 - Delay of 9 hours in lodging FIR is thus, fatal to prosecution case - Medical examination of informant after a delay of one and a half day also falsifies its story...........
Indian Penal Code, 1860, Section 394 -- Offence u/s 394 IPC - Enmity between accused and informant - There is no recovery of any robbed material from possession of accused - I.O did not even care to ascertain whereabouts and identities of other co-accused who are stated to have accompanied accused - Even, no efforts made by I.O to recover household items allegedly robbed..........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Recovery of Rs.1 lakh each from accused - Prosecution failed to prove that complainant and deceased were carrying Rs.5 lakhs cash in dicky of scooter and it was the very looted amount which was recovered from accused - Accused thus, cannot be convicted on basis of recovery of some cash - Accused..........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Identification of accused in Court room - PW1 has specifically and categorically admitted in cross-examination that it is incorrect that accused were known earlier - In that view of matter conducting of TIP was necessitated and it is not safe to convict accused solely on their identification by PW1 for..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Indian Penal Code, 1860, Section 394, 34 -- Offence u/ss 394, 34 IPC - Accused attacked and robbed PW1, PW2 and one `P' when they were consuming liquor - All PWs have clearly deposed against accused and confirmed the case of prosecution - Admissible portion of confessional statement of accused is on record - Prosecution proved its case beyond reasonable doubt - Accused..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
Indian Penal Code, 1860, Section 394, 84, Arms Act, 1959, Section 25 -- Robbery - Plea of unsoundness of mind - No deposition was made by any witness, nor did accused himself claim any such impairment during his statement u/s 313 Cr.P.C - On the contrary, conduct of accused running away from the spot of crime as well as attempt to escape from bus, evidence an elevated..........
