Indian Penal Code, 1860, Section 399, 402, 428 -- Preparation to commit dacoity - Secret information - Mere assemblage will not attract application of Ss.399, 402 IPC, unless and until there happens to be assemblage for the purpose of commission of dacoity which prosecution is under obligation to properly identify - Accused acquitted...........
Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Dacoity - Secret information - Allegation that accused persons assembled together in the grove of guava and were planning to commit dacoity in the house of pradhan of village - However, neither any firing was done by miscreants assembled with deadly weapons nor person whose residence dacoity was to be..........
Criminal Procedure Code, 1973, Section 399, 401 -- Revision - Even if revisional order is found to be laconic, it is not desirable to upset the same by remanding the matter back to revisional Court particularly when remand order would not serve any fruitful purpose for securing ends of justice...........
Indian Penal Code, 1860, Section 399, 402, Arms Act, 1959, Section 25 -- Preparation of dacoity - Secret information - Accused allegedly armed with fire arms assembled to commit dacoity - No evidence on record that accused offered any resistance to their apprehension by police officials though armed with fire arms - Nor they tried to fire upon police officials who came..........
Indian Penal Code, 1860, Section 399, 402 -- Preparation to commit dacoity - Appeal against conviction - Accused allegedly found planning to commit dacoity with other accused persons - Accused arrested with fire arms - Complainant himself is the investigating officer in instant matter, creating doubt regarding credibility of investigation - Absence of any eye-witness for..........
Criminal Procedure Code, 1973, Section 173(2), 397, 398, 399, 400, 401 -- Police report - Magistrate went through the entire records of case not limiting to police report and passed a reasoned order that it is not fit case to take cognizance for purpose of issuing process - Unless order passed by Magistrate is perverse or view taken by Court is wholly unreasonable,..........
Indian Penal Code, 1860, Section 399, 402 -- Making preparations and Assembling for the purpose of committing Dacoity - Proof - Allegations against accused that they were planning to commit Dacoity on road but could not be apprehended by police force - Held, If a man intends to commit Dacoity, the planning would not made at public place at such volume which could be heard..........
Criminal Procedure Code, 1973, Section 319, 397, 399, 401 -- Order passed u/s 319 Cr.P.C. refusing to summon additional accused - Not an interlocutory order - Order can be assailed by way of revision...........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
