Indian Penal Code, 1860, Section 394, 34 -- Offence u/ss 394, 34 IPC - Accused attacked and robbed PW1, PW2 and one `P' when they were consuming liquor - All PWs have clearly deposed against accused and confirmed the case of prosecution - Admissible portion of confessional statement of accused is on record - Prosecution proved its case beyond reasonable doubt - Accused..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 394, 323, 34 -- Suspension of sentence during pendency of appeal - Murder - Accused has already suffered incarceration of more than 20 years - Even, jail authorities after considering conduct of accused have recommended premature release/remission of sentence - Issue is now pending before..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376D, 307, 302, 394, 411, 120, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Recall of a witness for re-examination - Rape and murder - Recall of injured witness/PW5 and examination with regard to contents of his video clip - Statement of PW5 has been recorded and..........
Indian Penal Code, 1860, Section 394, 84, Arms Act, 1959, Section 25 -- Robbery - Plea of unsoundness of mind - No deposition was made by any witness, nor did accused himself claim any such impairment during his statement u/s 313 Cr.P.C - On the contrary, conduct of accused running away from the spot of crime as well as attempt to escape from bus, evidence an elevated..........
Indian Penal Code, 1860, Section 394, Arms Act, 1959, Section 25 -- Robbery - Crime of robbery with hurt has been established by testimony of PW1 and other evidence on record - Complainant had no motive to falsely implicate accused - Refusal to participate in TIP proceedings and lack of any reasons on the spot, undoubtedly establish accused's guilty conscience and ought to..........
Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Recovery of mobile phones - Recovery effected based on statement of accused from his house - However, in identification conducted by PW13, it has come out that two mobile phones were not mixed with any other mobile phones - No explanation given by accused as to how he came in possession of mobile -..........
Indian Penal Code, 1860, Section 394, 302, 460, 34 -- Robbery and murder - Criminal conspiracy - Testimony of PW5 - PW5 overheard conversation between all accused about criminal conspiracy - However, PW5 has not taken the name of present accused - Accused is not mentioned as one of persons who used to visit deceased's father though three of other accused were named - No..........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Plea of guilt - Guilt was pleaded during recording statement of PWs - However, accused did not move any application for pleading guilty - Pleading of guilt in that manner thus, not recognized in criminal jurisprudence...........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Joint confessional statement - No offence made out from joint confession of accused - Substance of accusation or particulars of offences were not put to accused u/s 251 Cr.P.C - Statements of accused were recorded u/s 252 Cr.P.C, which are not in compliance of mandatory provision of..........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Recovery of knives - PW5/public witness not supported prosecution case regarding fact that accused were apprehended and knives were recovered from them - Said witness had not identified accused - PW5 denied his signatures on seizure memo - Witnesses of seizure memo not examined -..........
