Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Testimony of sole eye witness - PW6 deposed about one stab wound on deceased - Whereas, postmortem mentions two stab wounds on body of deceased - However, testimony of PW6 as to how incident transpired has remained consistent and u, shattered and can therefore be relied upon -..........
Indian Penal Code, 1860, Section 392, 397, 302, 34 -- Robbery and murder - Common intention - Accused were carrying weapon of offence/knife when they arrived together at crime spot to commit robbery - A-1 and A-3 caught hold of deceased while A-2 caused stab injuries using knife - This circumstance coupled with conduct of A-3 threatening to kill PW6, eye witness..........
Indian Penal Code, 1860, Section 302, 392 -- Triple murder case - Robbery - Motive of crime proved on record, as day before incident accused was hurt by utterances of deceased, which resulted in murder of deceased - Accused has gone to deceased`s house in absence of other family members and killed her along with two children - Plea of innocence of accused is negatived by..........
Indian Penal Code, 1860, Section 392 -- Robbery of vehicle - Delay of one week in lodging FIR not explained by complainant - Owner of vehicle not produced as a witness to establish fact that complainant informed him about vehicle being hired - Fact from where complainant was robbed was known to police and thus there was no discovery in consequences of information received..........
Indian Penal Code, 1860, Section 302, 458, 392, Evidence Act, 1872, Section 3 -- Robbery - Murder - Conviction based on circumstantial evidence - Appreciation of evidence - Deceased was alone at home in the night of incident - Two looted articles not recovered from exclusive possession of accused and not even got identified from complainant to ascertain whether these..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Last seen theory - Accused implicated because looted vehicle found in his possession which was intercepted and seized by constable `J' - Witnesses stated that at time of preparation of seizure memo, no independent witness was present and therefore, they could not be associated with such recoveries - `R' who..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 384, 392, 469, 511 -- Sanction for prosecution - Offence u/ss 384, 392, 469, 511 IPC - Nothing on record that alleged act was committed by accused while discharging his official duty - Protection u/s 197 Cr.P.C. therefore, not available to him - Revisional Court committed error while setting aside..........
Indian Penal Code, 1860, Section 307, 328, 392 -- Reduction of sentence - Offender is female - In the instant case, accused convicted and sentenced for R.I. 2 years each in offence u/ss. 307, 328, 329 IPC and imposed fine of Rs.2000/- - No further leniency can be shown on ground that she is woman and has to look after her 3 minor children out of which 2 are mentally..........
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..........
