Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Last seen theory - PW9 saw two accused and their accomplice following deceased - In normal case, following someone may not be sufficient evidence of last seen - However, as per PW9 accused along with their accomplice followed deceased at night when there would be not be many other..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Motive - Watch of deceased recovered from accused `G' in the presence of PW9, who being brother-in-law of deceased gifted the same to deceased - No test identification parade of watch was required to be conducted, since watch recovered in presence of..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Recovery of blood stained T-shirt of accused `A' at his instance - FSL report shows that T-shirt contained `B' blood group which matched to that of deceased - Mere no, association of public witness to recovery of T-shirt cannot be held to be fatal -..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Cause of death was haemorrhagic shock consequent upon incised stab wound caused upon chest by single edged knife weapon - Injuries were ante mortem in nature - Even though single injury was inflicted but injury no.1 was sufficient to cause death in ordinary course of nature - It..........
Indian Penal Code, 1860, Section 394, 34 -- Robbery - Common intention - Accused convicted as they lotted gold ring, an amount of Rs.150, and a mobile phone from complainant - However, complainant not made to identify the mobile and ring allegedly recovered at the instance of accused - Conviction and sentence of accused u/ss 394, 34 IPC set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 392, 394 -- Quashing of FIR - Offence u/s 392, 394 IPC - Compromise arrived at between parties and matter resolved - FIR is outcome of a misunderstanding between parties - Statement of parties recorded, which indicates that they have entered into compromise voluntarily and without any pressure or..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Delay of 1 year and 4 months in reporting incident by PW6 to I.O - Evidence on record shows that PW6 was spared by A-1 to A-3 only on assurance that he will not reveal about incident to anybody - It was only after CBI took up the investigation and PW6 mustered strength to approach I.O..........
Indian Penal Code, 1860, Section 394, 302, 343, 210, 218, 120B -- Robbery and murder - Cause of death is asphyxia - A-1 to A-3 caused injury to deceased and thereafter dragged and dumped him into bushes besides the road - Evidence on record shows that A-1 to A-3 tried to cover up their crime by filing closure report that death of deceased was due to accident - Medical..........
Indian Penal Code, 1860, Section 302, 394 -- Murder - Robbery - No PW has stated a word against accused - No incriminating evidence brought on record by prosecution - All prosecution witnesses to recovery of articles and weapon of offence turned hostile - Even, witness regarding last seen turned hostile - Except the statement of I.O, there is no evidence with prosecution -..........
Indian Penal Code, 1860, Section 394 -- Robbery - To constitute offence u/s 394 IPC, it must be shown that voluntary hurt was caused in committing or attempting to commit robbery...........
