Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va) -- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him -..........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186 -- Kidnapping for ransom - Attempt to murder - Identification of accused - Accused pointed out a pistol on PW1 and threatened her to get down from car and consequently drove away car making occupant of car i.e PW21 and two girls as hostages - PW1 and PW21 correctly identified accused - Evidence of said PWs..........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186 -- Kidnapping for ransom - Attempt to murder - Testimony of police witness - PW3 and PW4 were on night patrolling duty and on noticing the alleged car as described in wireless message received from control room, they rushed towards car - Consequently, driver of car started ignition of car and attempted to run..........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186 -- Kidnapping for ransom - Attempt to murder - Demand of ransom - Testimony of PW2 and PW14 shows that it was accused who made ransom call from mobile of PW14 to mobile of PW2 - Failure of prosecution to bring on record call detail record and not leading evidence with regard to location chart of mobile phone of..........
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186, Evidence Act, 1872, Section 106 -- Kidnapping for ransom - Attempt to murder - Burden of proof - Chance prints lifted from stolen car were matched with right thumb of accused - No explanation given by accused as to how fingerprints were detected from said vehicle which was used during commission of offence -..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Delay in arrest of accused despite clear knowledge of whereabouts of accused casts a serious shadow of doubt over prosecution case...........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Identification of recovered ornaments - Prosecution examined many witnesses who are alleged to be pledgors of ornaments - Identification procedure was conducted without mixing recovered jewellery with similar or identical ornaments..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Recovery of blood stained weapons - Prosecution failed to establish that weapons recovered were used for commission of crime - Medical evidence also indicates that injuries found on the body of deceased persons could not have been..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - Recovery of blood stained clothes and items - Veracity of recovery is doubtful, as recovery effected 2 days after arrest of accused and recovery of stolen articles from houses of accused which I.O had thoroughly searched previously..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Circumstantial evidence - DIG of police visited the scene of crime shortly after recovery of dead bodies - He inferred that crime may be committed by three persons who were electricians after seeing three tea tumblers and electrical equipments - This..........
