Indian Penal Code, 1860, Section 394 -- Robbery - Version of injured was not supported by testimony of PWs - Neither robbery nor attempted robbery established on record - Essential ingredients to constitute offence u/s 394 IPC not fulfilled - Conviction of accused not justified - Accused acquitted...........
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..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 394 -- Compromise in an offence u/s 394 IPC - Offence not compoundable within scope of S.320 Cr.P.C. - However, Court in view of compromise arrived at between parties can reduce the sentence imposed while maintaining conviction...........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder - Robbery - Death due to injuries inflicted by sharp weapon as per medical evidence - Non seizure of any such weapon from accused - Makes the prosecution case doubtful...........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder - Robbery - Circumstantial evidence - Allegation that accused murdered the deceased and stole his car and was arrested when they met with an accident - Two circumstances emerging from the evidence i.e recovery of dead body and finding the accused with others inside the vehicle - However, there is no evidence on record..........
Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Confession - Prosecution relied upon confessional statement of PW3 - PW3 became approver and challenge to the same negated by trial Court and High Court - Statement of PW3 thus, becomes admissible in evidence in view of Ss.133, 114 of Evidence Act - Moreover, confessional statement of PW3 gets full..........
Indian Penal Code, 1860, Section 302, 394, 34, 120B -- Murder - Remission of sentence - Power of remission of sentence can be exercised by State - It would be always open to accused to make a necessary representation in this behalf before competent authority - No view is taken thereupon either way - Prayer rejected...........
Indian Penal Code, 1860, Section 394, 397 -- Offence u/ss 394, 397 IPC - Evidence on record shows that accused after committing offence of rape upon deceased had taken away her mobile phone and in fact sold the same to PW7 who again sold the same to PW10 from whom mobile was seized by Police - Offence against accused proved on record - Accused rightly convicted...........
