Indian Penal Code, 1860, Section 394, 34 -- Robbery - Common intention - Accused convicted as they lotted gold ring, an amount of Rs.150, and a mobile phone from complainant - However, complainant not made to identify the mobile and ring allegedly recovered at the instance of accused - Conviction and sentence of accused u/ss 394, 34 IPC set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 392, 411 -- Murder - Robbery - Deceased strangulated, murdered and robbed - Accused took away about 9-10 tolas gold - Recoveries of gold and hacksaw blade effected at the instance of accused which was used in commission of crime - Son of deceased recognized jewellery - Accused was nephew of deceased and relations between accused and..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Testimony of sole eye witness - PW6 deposed about one stab wound on deceased - Whereas, postmortem mentions two stab wounds on body of deceased - However, testimony of PW6 as to how incident transpired has remained consistent and u, shattered and can therefore be relied upon -..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
Indian Penal Code, 1860, Section 302, 392 -- Triple murder case - Robbery - Motive of crime proved on record, as day before incident accused was hurt by utterances of deceased, which resulted in murder of deceased - Accused has gone to deceased`s house in absence of other family members and killed her along with two children - Plea of innocence of accused is negatived by..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Delay of 1 year and 4 months in reporting incident by PW6 to I.O - Evidence on record shows that PW6 was spared by A-1 to A-3 only on assurance that he will not reveal about incident to anybody - It was only after CBI took up the investigation and PW6 mustered strength to approach I.O..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Cause of death is asphyxia - A-1 to A-3 caused injury to deceased and thereafter dragged and dumped him into bushes besides the road - Evidence on record shows that A-1 to A-3 tried to cover up their crime by filing closure report that death of deceased was due to accident - Medical..........
Indian Penal Code, 1860, Section 392 -- Robbery of vehicle - Delay of one week in lodging FIR not explained by complainant - Owner of vehicle not produced as a witness to establish fact that complainant informed him about vehicle being hired - Fact from where complainant was robbed was known to police and thus there was no discovery in consequences of information received..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - No PW has stated a word against accused - No incriminating evidence brought on record by prosecution - All prosecution witnesses to recovery of articles and weapon of offence turned hostile - Even, witness regarding last seen turned hostile - Except the statement of I.O, there is no evidence with prosecution -..........
Indian Penal Code, 1860, Section 302, 458, 392, Evidence Act, 1872, Section 3 -- Robbery - Murder - Conviction based on circumstantial evidence - Appreciation of evidence - Deceased was alone at home in the night of incident - Two looted articles not recovered from exclusive possession of accused and not even got identified from complainant to ascertain whether these..........
