Indian Penal Code, 1860, Section 302, 380, 34 -- Murder - Accused proved to be present on the scene of crime, as finger print completely matched with specimen of accused - Although recovery happened after date provided in Malkhana Register, it does not affect the factum of seizure of shirt and other incriminating articles found with accused, as minor discrepancies, which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 454 -- Bail - Challan against accused has been filed in Court, however, charge is yet to be framed - Accused not named in FIR and recovery has already been effected partially after arrest that accused in judicial custody and offences are triable by Court of Judicial Magistrate and trial is at..........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Three different stories regarding recovery of articles on record - Whole prosecution story based on recoveries made from accused but no recoveries proved as per law nor it was established that recovered goods were same which were stolen - Prosecution failed to discharge its duty to prove offences..........
Indian Penal Code, 1860, Section 460, 380 -- Offence u/ss 460, 380 IPC - Circumstantial evidence - Last seen evidence - All the witnesses of last seen theory not supported prosecution story and they had been declared hostile by prosecution - Theory of last seen not proved against accused...........
Indian Penal Code, 1860, Section 460, 380, Evidence Act, 1872, Section 9 -- Offence u/ss 460, 380 IPC - Circumstantial evidence - Test Identification Parade (TIP) - Two witnesses of TIP not supported prosecution case and declared hostile - Even TIP held quite late - Magistrate in whose presence TIP was held, not examined - This is a material lacuna on the part of..........
Indian Penal Code, 1860, Section 460, 380 -- Offence u/ss 460, 380 IPC - Circumstantial evidence - Recovery of various articles - Joint recovery was made from both the accused regarding sack, handkerchief and pickaxe - Witnesses of recovery declared hostile - No blood stains were found on said articles - Seals of articles intact or not reaching FSL is itself doubtful -..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Theft - Circumstantial evidence - Accused convicted as following circumstances proved against him: (i) Accused came to the house of deceased and stayed there in the intervening night of occurrence; (ii) deceased was last seen with the accused in the fateful night; (iii) on the next morning when PW1 enquired about..........
Indian Penal Code, 1860, Section 420, 448, 457, 380, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Respondent no.4 purchased the flat in an auction from Bank for which sale certificate is issued in his favour - Physical possession of said flat is also given to respondent no.4 - Respondent no.4 also filed a civil suit for restoring the..........
Indian Penal Code, 1860, Section 380, 457, 460 -- Offence u/ss 380, 457, 460 IPC - Appeal against acquittal - Acquittal upheld viz: (i) fatal blow to deceased was not attributed to accused but to co-accused who was declared P.O; (ii) recovery of stolen articles made from open place, accessible to all and no independent witnesses examined to prove factum of recovery; (iii)..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 454, 380 -- Bail - Offence u/ss 454, 380 IPC - Petitioner joined the investigation but no recovery effected from him - He is permanent resident of place where FIR is registered and has roots in society - Petitioner always available to face trial - Bail granted subject to certain conditions -..........
