Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Knife as weapon of offence - No forensic evidence regarding blood on the knife - Three witnesses specifically identified the knife - Statement that led to the recover of knife also admissible - Doctor examined as a witness also deposed that injuries can be caused with knife - In such circumstances,..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Testimony of eye witnesses - Identification of accused - PW1 to PW3 identified the accused in Court and all of them stated that he was the one who had criminally trespassed into their house and attempted to commit theft and also inflicted serious injuries on them - PW1 even caught hold of accused in..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Recovery of weapon of offence - Knife allegedly used by accused for inflicting injuries on eye witnesses was recovered based on statement given by accused - Accused has not seriously disputed recovery of knife or statement of accused, which led to recovery except for a vague question that no such..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Accused had broken window of house and entered inside the middle of night and was searching inside the house with a lighter in order to commit theft - Injuries were inflicted on eye witnesses - Prosecution clearly established offence u/ss 394, 450 IPC - Considering injuries inflicted on neck of PW1,..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Concurrent running of sentence - Accused convicted u/s.302 of IPC for imprisonment for life and convicted u/s.394 of IPC for 10 years - If life imprisonment is punishment that is imposed, the term sentence will have to run concurrently...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
Indian Penal Code, 1860, Section 302, 394, 201, 34 -- Murder - Circumstantial evidence - Last seen theory - PW1 himself did not see deceased going with accused - Prosecution story in such circumstances is not acceptable...........
