Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Concurrent running of sentence - Accused convicted u/s.302 of IPC for imprisonment for life and convicted u/s.394 of IPC for 10 years - If life imprisonment is punishment that is imposed, the term sentence will have to run concurrently...........
Criminal Procedure Code, 1973, Section 432, 433, Indian Penal Code, 1860, Section 302, 307, 394 -- Pre-mature release - Murder - Number of accused found guilty was less than five, thus robbery could not have been termed as dacoity - Accused was neither convicted for offence of dacoity nor having committed dacoity with murder - However, case of accused for his premature..........
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 302, 394, 32 -- Murder and robbery - Recovery of Rs.1 lakh each from accused - Prosecution failed to prove that complainant and deceased were carrying Rs.5 lakhs cash in dicky of scooter and it was the very looted amount which was recovered from accused - Accused thus, cannot be convicted on basis of recovery of some cash - Accused..........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Identification of accused in Court room - PW1 has specifically and categorically admitted in cross-examination that it is incorrect that accused were known earlier - In that view of matter conducting of TIP was necessitated and it is not safe to convict accused solely on their identification by PW1 for..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 24 -- Murder - Robbery - Circumstantial evidence - Extra judicial confession - Accused gave extra judicial confession before PW6 - However, trial Court rejected said extra judicial confession on the ground that complainant had seen the accused in police station one day prior to said confession - Case of..........
Indian Penal Code, 1860, Section 302, 397 -- Murder - Robbery - Circumstantial evidence - Recovery of gold jewels of deceased from house of accused - Evidence of recovery witness was disbelieved by trial court by giving cogent reasons - Even according to recovery witness accused were with him on the date of incident and therefore recovery is vitiated - Accused rightly..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - All three accused had taken part in committing robbery, but only co-accused had used firearm - Said firearm was seized from possession of co-accused from his disclosure in the presence of witnesses - Offence against co-accused is proved - There was neither any allegation apart from a stray sentence..........
Indian Penal Code, 1860, Section 397 -- Robbery - Term `use' includes brandishing the weapon against another person in order to overpower him or to frighten his victim...........
