Indian Penal Code, 1860, Section 397 -- Robbery - S.397 IPC contains principle of individual liability...........
Indian Penal Code, 1860, Section 392, 397 -- Robbery - Expression `the offender' used in S.397 IPC pertains to actual offender to accused person who at the time of committing robbery or dacoity uses any deadly weapon or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person - But it does not include all such persons who participate in..........
Indian Penal Code, 1860, Section 392, 397, 353, 336, 506(ii), 34 -- Robbery - PW1 stated that he could not visualize as to who was pointing out knife towards him - He could not place any documents to show that chain belongs to him - Prosecution failed to prove charges against accused that he used a deadly weapon during robbery - Accused not guilty of offences in question -..........
Indian Penal Code, 1860, Section 392, 397, 353, 336, 506(ii), 34 -- Robbery - Testimony of official witnesses - Presence of official witnesses not proved at the spot for the simple reason that Note book maintained by police was not filed nor corroborated by independent witnesses - Serious material contradictions found in the evidence of official witnesses - More so, no..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 3 -- Murder - Dacoity - Recovery of two bundles of currency notes of Rs.100/- at the instance of appellant from his house - Circumstantial evidence - Benefit of doubt - Recovery of currency bundles not proved by prosecution as being entrusted to deceased on date of incident - Prosecution witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 392, 397, 34 -- Bail - Offence u/ss 392, 397, 34 of IPC - Petitioner arrested only on basis of statement of co-accused - Petitioner incarcerated since 30.8.2017 - Investigation is over and charge sheet has been filed - No purpose would be served in keeping petitioner incarcerated at this stage -..........
Indian Penal Code, 1860, Section 302, 120B, 397, 201 -- Murder - Appeal against acquittal - Dead body of unknown person found in open field - Complainant is not a witness of last seen and lodged FIR on saying of others - Delay of nine days in registering FIR is not reasonable and plausible - On point of last seen, evidence of PWs is not trust-worthy - Star witnesses of..........
Indian Penal Code, 1860, Section 307, 397, 34 -- Attempt to murder - Robbery - Recovery of fire arm and ammunition - PW8 categorically stated that he recovered a pistol and empty cartridges from the possession of accused and a magazine from the possession of co-accused - No significant cross-examination was done of PW8 on this material aspect - Recovery of fire arm and..........
Indian Penal Code, 1860, Section 307, 397, 34 -- Attempt to murder - Robbery - Assailants tried to loot the money bag being held by PW2 and upon resistance, they fired gun shots hitting two persons - Local public nabbed the accused, who were arrested at the spot - Accused also sustained injuries - Injury report of both the accused were got proved from PW11/SHO as well as..........
Indian Penal Code, 1860, Section 397, Evidence Act, 1872, Section 8 -- Offence u/s 397 IPC - Circumstantial evidence - Recovery of knife (weapon of offence) - Prosecution though proved recovery of knife from accused `A' but, failed to link the same with injury caused to deceased, as there is no witness who identified accused `A' using the knife - Even, knife was not found..........
