Indian Penal Code, 1860, Section 302, 392, 323, 148, 149 -- Murder, robbery, rioting, voluntarily causing hurt, unlawful assembly - From the deposition of eye witnesses, nothing forthcoming that appellants caused any injury on the deceased and/or participated in any manner in commission of the offence - No evidence that appellants instigated other co-accused - Conviction..........
Indian Penal Code, 1860, Section 392, 397, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 392, 397 IPC - Accused are juveniles and are not stated to be involved in any other case - It is co-accused who was carrying a pistol - Accused have been behind the bars for a substantial period of 1 year - Conclusion of trial is likely to consume time in as not..........
Indian Penal Code, 1860, Section 392, 398, Arms Act, 1959, Section 25 -- Offence u/ss 392, 398 IPC and S.25 of Arms Act - Disclosure statements - Entire case of prosecution is based on disclosure statements but prosecution has not been able to prove the same - These statements were never put to complainant and eye witness during cross-examination - Story put forward by..........
Indian Penal Code, 1860, Section 392, 34 -- Dacoity - As per prosecution, seven named persons had committed dacoity - Five out of them were acquitted - Two persons cannot be convicted u/s 392 IPC r/w S.34 IPC, going by very nature of charge of dacoity...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - All three accused had taken part in committing robbery, but only co-accused had used firearm - Said firearm was seized from possession of co-accused from his disclosure in the presence of witnesses - Offence against co-accused is proved - There was neither any allegation apart from a stray sentence..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Sole eye witness to the alleged crime and his nephew have not supported the case of prosecution - No substantial effort made by police for conducting search of residence of accused in the presence of local witnesses - Complainant and PW8 un-ambiguously refuted that neither passbook nor red cloth was..........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........