Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 396, 323, 326, 212, 412, 201, 120B -- Bail - Offence u/ss 307, 452, 396, 323, 326, 212, 412, 201, 120-B IPC - Active role played by accused in commission of crime - Accused was instrumental in managing certain objects for commission of crime as per investigation - Considering gravity and..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
Indian Penal Code, 1860, Section 460, 396 -- Offence u/ss 460, 396 IPC - No test identification parade of accused was conducted to establish their involvement in crime as well as there is nothing on record as to how involvement of accused in the case transpired during investigation - It would not be safe to base conviction of accused on basis of recoveries allegedly..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Accused persons snatched bicycle of PW1 by assaulting him and murdered co-villager - Whereafter accused was caught hold of by villagers and brought to village - Evidence of PW1 and other villagers is clear and in categorical terms and despite searching cross-examination no material surfaced to discredit their..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Identification of accused - Accused were Marathi speaking - However, PW8 stated that culprits had spoken with him in Hindi - Therefore, if accused were to speak with victims they would have spoken in Marathi and not in Hindi - There is..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Recovery of white metal silver chain - No stolen property found or recovered from any of accused except broken white metal chain, though prosecution alleged that many things were stolen - Recovery of white metal silver chain without any..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Defective investigation - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of photographs of notorious criminals - Nothing on record whether those four persons who were..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Source of light at the spot - Murder of five persons, robbery and rape of one lady - PW1 and PW8 identified accused in TIP as well as before Court - Incident occurred at 10.30 p.m - There was light or not in hut not mentioned in..........
