Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Incident happened in the house of deceased - Heavy burden is on shoulders of accused to explain under what circumstances deceased died - However, accused failed to offer any explanation in his statement recorded u/s 313 Cr.P.C - Accused and absconded accused were last seen in the..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Circumstantial evidence - Apart from recoveries, prosecution has successfully established chain of circumstances - There is sufficient evidence on record which points to the guilt of accused - Call detail records of accused, recovery of mobile phone instrument of deceased from accused, medical evidence available on..........
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 392, 394, 302 -- Robbery and murder - A-2 roped into crime only on the basis of mobile conversation with deceased - Mentioned Sim was in possession of A-2 as a result of which he was apprehended - However, said Sim number did not stand in the name of A-2 - Prosecution failed to establish that A-2 had conversation with deceased or A-1 beyond..........
Indian Penal Code, 1860, Section 392, 394, 302 -- Robbery and murder - Recovery of gold articles - Gold items were said to be pledged by A-1 to the jewellery shop of PW17 - PW17 stated that A-1 and A-3 had come to his jewellery shop for pledging gold articles - However, prosecution failed to prove that A-3 accompanied A-1 - Prosecution proved that A-1 committed murder of..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 3 -- Murder and robbery - Circumstantial evidence - As per prosecution, accused persons committed murder of deceased and looted his motorcycle - However, no eye-witness as to occurrence of incidence - Even, there is no evidence against accused as to involvement in crime - Recovery of broken pieces..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Investigation by CBI not conducted fairly - Real culprits responsible of murder of petitioner's family not subjected to trial - Investigating agency showed lackadaisical approach in carrying/proceeding investigation - It is necessary to have a fair, honest and complete investigation - It is proper to..........
Criminal Procedure Code, 1973, Section 386(a), Indian Penal Code, 1860, Section 302, 394, 34 -- Retrial - Appeal against acquittal - Murder and robbery - Omission to frame charge u/s 34 IPC, in spite of framing issue of common intention by trial Court - Materially affected trial which calls for retrial - High Court rightly exercised discretion u/s 386(a) Cr.P.C. directing..........
Indian Penal Code, 1860, Section 394 -- Robbery - Allegation that accused committed robbery of silver chain of daughter of informant - However, no recovery reported and there is no whisper about any effort being made for tracing out looted ornament - Identity of real accused also disputed and their presence on the spot is doubtful - PWs are vacillating and giving..........
