Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Discovery of sickle and tube well band at the instance of accused - Discovery was made before three public witnesses and out of three only one was examined - There is no mention in FIR that any tube well band was stolen - Even, PW1 has not identified tube well band to be his own which was stolen during his..........
Indian Penal Code, 1860, Section 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Merely because accused did not claim ownership of case property is not sufficient to hold that those articles belonged to complainant or accused were in possession of same, which were got recovered pursuant to their disclosure statements...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 411 -- Delay in lodging FIR - Receiving stolen property - Statement of complainant recorded after 11 months of incident - Complainant without any basis named accused to be one who broke open lock of his house and committed theft besides burning some of articles - However, it was not mentioned as..........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - Testimony of only official witnesses were relied upon by prosecution and no independent corroboration was sought by prosecution for proving factum of accused suffering disclosure statements and getting recovered articles - More so, ownership of various articles stolen is not proved to be that of..........
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 411 -- Receiving stolen property - Recovery of jewelry items - Since prosecution failed to prove that items so recovered actually belonged to deceased, it cannot be concluded that accused `M' had received, or kept stolen property - Conviction of accused `M' u/s 411 IPC is unjustified - Accused acquitted...........
Indian Penal Code, 1860, Section 411 -- Receiving stolen property - The essence of the offence of receiving stolen property consists in the receipt or retention, with full knowledge at the time of receipt or retention that the property was obtained in one of the ways specified in S.410 IPC - It is immaterial whether the receiver knows or not who stole it - Provision does..........
