Indian Penal Code, 1860, Section 302, 392, 449, 201, 34 -- Murder - Robbery - Circumstantial evidence - No evidence on record to prove that A1 committed the crime - Trial Court convicted A1 on the basis of surmise, as he was involved in 5 previous cases of similar nature and it can be inferred that accused had modus operandi to commit the offences - Conclusion of trial..........
Indian Penal Code, 1860, Section 302, 392, 449, 201, 34 -- Murder - Robbery - Circumstantial evidence - Accused committed robbery in temple, when deceased/watchman on duty in temple resisted - Deceased died out of homicidal violence by accused - Chance finger prints lifted from place of occurrence tallied with finger prints of A2 and A3, but same not tallied with finger..........
Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114 -- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........
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..........
