Indian Penal Code, 1860, Section 302, 120B -- Death by gun fire - Recovery of weapon of offence - Recovery is of no consequence in absence of evidence that the same was connected with crime and more so when same had been recovered from an open place after 3-1/2 years - No reason to disbelieve evidence of eye witness - Clear from evidence of eye witness that accused A fired..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - For the offence of conspiracy some kind of physical manifestation of agreement is required to be established - Express agreement need not to be proved - Evidence as to the transmission of thoughts sharing the unlawful act is not sufficient - A conspiracy is a continuing offence which continues to subsist till it is..........
Indian Penal Code, 1860, Section 302, 120B, 302, 34 -- Deceased returning on a cycle with PW-15 - Bus driven by appellant rashly and ran over deceased - Other two appellants were in the bus and they conspired to kill deceased because of property dispute - PW 13 was 13 years of age, a student and was examined after 7 years of incident - While assessing evidence one has to..........
Indian Penal Code, 1860, Section 143, 384, 120B, Criminal Procedure Code, 1973, Section 482 -- Collection of goonda tax from shopkeepers - However, no evidence of any victim - Total evidence was that of police officials - Held, when there is absolutely no evidence of any victim about the offence committed by the petitioner, the charge sheet does not stand as such the same..........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 392, 120B -- Robbery - Accused declining to participate in test identification parade - Accused produced in Court `baparda' (with face muffled) - Testimony of witnesses identifying accused in Court on the very next day of his arrest - Held, reliable...........
Indian Penal Code, 1860, Section 392, 120B, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 19, Evidence Act, 1872, Section 6 -- Robbery in house during day time - Four persons entered the house at 11.00 a.m. and tied the hands of PW3, broke open steel almirah and removed currency notes - PW3 and PW6 were inmates of house - PW5 Head Constable reached..........
Indian Penal Code, 1860, Section 120A, 120B, Evidence Act, 1872, Section 10 -- Criminal conspiracy - Can be proved by direct evidence or circumstantial evidence or both - Inference can be drawn from circumstances - Fact that accused had met other accused several times immediately prior to commission of murder is relevant fact to draw inference that they conspired together..........
Criminal Procedure Code, 1973, Section 156(3), 195, Indian Penal Code, 1860, Section 120B, 420, 464, 465, 467, 471, Constitution of India, 1950, Article 226 -- Complaint u/s 120-B, 420, 464, 465, 467 and 471 IPC - Prior to taking cognizance order of investigation made - Order cannot be interfered exercising jurisdiction under Article 226 on mere possibility of operation of..........
Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Investigation by CBI - Central Vigilance Commission (CVC) has power of superintendence and view progress of investigation conducted by CBI - CBI however is not required to obtain approval of CVC for filing charge-sheet in Court...........
Indian Penal Code, 1860, Section 120B, 201, 302, 364, 379 -- Conviction - Appeal against - Circumstantial evidence - PW 23 not able to identify accused either at identification parade or in Court - Facts disclosed by PW 5 not finding place in his report or in his statement to police - Deceased last seen in company of accused not established - PW1 and PW 25 declared hostile..........
