Indian Penal Code, 1860, Section 307, 392, 397, 120B -- Attempt to murder - Complainant was abducted and two accused made an attempt to kill him but he escaped - Injuries sustained by complainant in the incident match the case of prosecution - An attempt was made by two accused to dispose of the body of complainant by burning the body - There were burn injuries on both his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Indian Penal Code, 1860, Section 392 -- Offence u/s 392 IPC - Case is not proved in terms of recovery of articles from accused - No such inventory has been made in pursuance of said complaint - Even, in complaint detailed particulars of articles are not indicated - Benefit of doubt thus, given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Recovery of articles - Mere recovery cannot lead to conviction and sentence of accused unless they have been properly identified by witnesses...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Identification of accused - Victim did not identify accused persons and even other PWs also failed to identify accused - Two-wheeler along with knife was recovered on the confession of accused - However, two wheeler has not even been marked as a material object in the case - There was thus, no..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Dead body of deceased discovered on the disclosure statement of accused J & P - Said facts are proved and established by constables - Even, test identification parade and dock identification also proves that accused were seen with deceased - Case against accused J & P is proved beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Indian Penal Code, 1860, Section 302, 392, 323, 148, 149 -- Murder, robbery, rioting, voluntarily causing hurt, unlawful assembly - From the deposition of eye witnesses, nothing forthcoming that appellants caused any injury on the deceased and/or participated in any manner in commission of the offence - No evidence that appellants instigated other co-accused - Conviction..........
Indian Penal Code, 1860, Section 392, 397, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 392, 397 IPC - Accused are juveniles and are not stated to be involved in any other case - It is co-accused who was carrying a pistol - Accused have been behind the bars for a substantial period of 1 year - Conclusion of trial is likely to consume time in as not..........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
