Indian Penal Code, 1860, Section 395, 397 -- Offence u/ss 395, 397 IPC - Accused were duly identified in an identification parade conducted during investigation of case by complainant as well as his wife who were present in house at the time of incident - Statements of complainant and his wife with regard to identification of accused could not be shaken during..........
Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Murder - Robbery - Handwritten letter which alleged to be given to deceased by accused was seized and same was proved to be written by accused as per handwriting expert - Question with regard to alleged letter was put to accused during their statement u/s 313 Cr.P.C but except vague..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 302, 394, 397, 34, Arms Act, 1959, Section 25(1)(B)(A) -- Solitary testimony of a child witness - Murder - Robbery - Child witness is 10 years old at the time of incident - He specifically and categorically stated as to how incident took place and manner in which A-1 opened gunshot on his father/deceased..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379B, 395, 397, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 379-B, 395, 397 IPC and S.25 Arms Act - Apart from disclosure statement there is no evidence against the petitioner - Even, no test identification parade was conducted - Keeping in view the facts and period of incarceration already..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of silver ornaments of deceased at the instance of accused - Identification of ornaments in doubt, as recovered articles were not mixed with any other article for identification - More so, recovery itself is effected after a period of..........
Indian Penal Code, 1860, Section 302, 397, 398, 201, Evidence Act, 1872, Section 27 -- Murder - Robbery - Circumstantial evidence - Recovery of kulhari - Recovery at the instance of accused is of no consequence as same was not sent for FSL, logically for the reason that sending same after more than 101/2 years will not bear any fruitful result - Recovery held, not proved -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 395, 397 -- Quashing of FIR - Offence u/ss 392, 395, 397 IPC - No proper investigation made by I.O much less concluded on the basis of FIR lodged by complainant and before it could be brought to its logical conclusion, FIR quashed in relation to cognizable offences which were of serious in..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Identification of accused - Accused were Marathi speaking - However, PW8 stated that culprits had spoken with him in Hindi - Therefore, if accused were to speak with victims they would have spoken in Marathi and not in Hindi - There is..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
