Indian Penal Code, 1860, Section 392, 302, Evidence Act, 1872, Section 114 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments of deceased - Can lead to presumption that accused committed robbery, but charge of murder cannot be brought home unless there is some evidence to show that robbery and murder occurred at the same time i.e in the course of same..........
Indian Penal Code, 1860, Section 392, 302 -- Robbery - Murder - Circumstantial evidence - Last seen evidence - Accused were seen by PWs in the vicinity of neighborhood in the morning of day of incident - Last seen theory built up on the evidence of PW5 and PW7 leaves a significant margin of time during which crime could have been committed by somebody other than accused -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 392, 397, 34 -- FIR - Delay - Robbery - Complainant did not lodged FIR on the same date of incident, as incident took place in the mid night and thereafter police arrested the accused - Verification done from recovered mobile phone which was of complainant - Merely because complainant did not..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 392, 397, 34 -- Test identification parade (TIP) - Robbery - Complainant identified the accused on verification, TIP was thus meaningless, as TIP is an aid in investigation and is required to be conducted if facts and circumstances so demand...........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 392, 397, 34 -- Search before arrest - Robbery - S.102 Cr.P.C. provides, that if there is reasonable suspicion to police officer that person is in possession of stolen property or is involved in commission of a cognizable offence, he can immediately carry out search without effecting a formal..........
Indian Penal Code, 1860, Section 392, 397, 34 -- Robbery - Claim of parity with co-accused - Co-accused driver of TSR, acquitted because no specific role of either threatening or committing robbery attributed to him - He was plying the accused in his auto rickshaw and only stopped at their instance - Accused `R' was convicted for the offence u/s 397 IPC, for which minimum..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Motive - Motive becomes relevant when prosecution case rests on circumstantial evidence - Accused pledged gold ornaments of deceased - Those ornaments were recovered on basis of information given by accused in his disclosure statements - Evidence shows that amounts raised by accused by pledging and selling..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Where robbery and murder are so connected as to form parts of same transaction, recent and unexplained possession of stolen property will not only be presumptive evidence against accused on charge of robbery but also on charge of murder...........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Deceased was murdered and in same transaction her ornaments were stolen - Some other gold ornaments and cash were also stolen away - Evidence shows that accused pledged those gold ornaments with Bankers - Owner and employees of Bankers identified accused as person who pledged gold ornaments - Accused denied..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Accused pleaded that no, production of articles found in purse would make recovery under seizure mahazar suspicious - Details with respect to photo, diary and other papers found in purse were mentioned in mahazar - Non-production of those articles, which are insignificant, would not make prosecution case..........
