Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 394, 302, 411 -- Disclosure statement - Robbery - Recovery of stolen article on the pointing of co-accused - No effort made by I.O to take any independent witness while making recovery - Recovery of stolen article not fulfill the mandatory requirement of S.27 of Evidence Act and same is thus, doubtful...........
Indian Penal Code, 1860, Section 394, 302, 411 -- Robbery - Incident by three unknown persons and complainant stated that he can recognize them, if they are brought before them - However, no Test Identification Parade done by police authorities after arrest of accused - Recovery of stolen article not proved on record - Prosecution failed to prove its case - Accused rightly..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B -- Murder - Robbery - Prosecution proved that murder and robbery formed part of same transaction and stolen property recovered from house of accused - No defence was raised and only bald denials u/s 313 Cr.P.C. were raised with regard to robbed property and weapons - It amounts to additional link in the chain of..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B -- Murder - Robbery - Circumstantial evidence - Accused and co-accused were known to each other - Scientific and medical evidence on record shows that death of deceased was caused by knives used by accused in commission of crime - Prosecution recovered major part of robbed property and same has been identified by..........
Indian Penal Code, 1860, Section 302, 394, 397, 411, 120B, 31 -- Murder - Robbery - Concurrent running of sentences - Trial Court committed grave error while directing sentences to run consecutively, as there was no direction that accused will first undergo sentence u/s 411 IPC and u/ss 394, 397 IPC before undergoing life sentences u/ss 302, 120-B IPC - Ends of justice..........
Indian Penal Code, 1860, Section 394, 324, 411 -- Voluntary causing hurt in committing robbery - Accused alone caused hurt to PW4 with the weapon before snatching away her golden ornaments - Neither any person other than accused caused alleged hurt nor any person was jointly concerned in alleged commission of offence of robbery - Injury sustained by PW4 is simple in nature..........
