Indian Penal Code, 1860, Section 399, 402 -- Making preparations and Assembling for the purpose of committing Dacoity - Proof - Allegations against accused that they were planning to commit Dacoity on road but could not be apprehended by police force - Held, If a man intends to commit Dacoity, the planning would not made at public place at such volume which could be heard..........
Indian Penal Code, 1860, Section 148, 323, 324, 325, 427, 149 -- Assault - Reduction of Sentence - Petitioners have been facing trial in an assault case from 8 years for causing injuries on complainant party - Complainant received grievous injury whereas others received simple injuries - Sentence of accused with regard to all offence reduced to 2.4 years and specific..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Last seen together - Deceased was last seen with accused and his dead body was found soon thereafter - Even, certain articles belonging to deceased were recovered from custody of accused and his uncle leaves no room for doubt that three of them were travelling..........
Indian Penal Code, 1860, Section 302 -- Murder and arson - Large number of accused - Courts should be cautious to rely upon the testimony of witnesses speaking generally without specific reference to the accused or the specific role played by them...........
Indian Penal Code, 1860, Section 141, 149 -- Unlawful assembly - Common object - Even if any one member of an unlawful assembly commits an offence in prosecution of common object of that assembly, every person who at the time of committing of that offence was a member of unlawful assembly is guilty of that offence...........
Indian Penal Code, 1860, Section 365, 302, 201, Evidence Act, 1872, Section 27 -- Abduction and murder - Recovery of knife and recovery of clothes - Recovery of knife ignored as it had no blood stains - All four clothes were stained with blood of blood group `AB' - No evidence on record that blood group `AB' was of deceased and prosecution failed to prove that blood group..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 392 -- Robbery - Appeal against conviction - Taxi was hired by all accused and robbery was committed in running taxi - No possibility of any independent witness watching the incident - Complainant was pushed out of running car after stealing his money and mobile phone - Car was recovered at the..........
Indian Penal Code, 1860, Section 307, 324, 326, 149 -- Attempt to murder - Complainant and his brother were attacked by accused persons leading to some grievous injuries which are dangerous to life - Evidence of doctor fully corroborate the condition of injured - Plea of accused no specific attribution has been made - Held, it could not be expected from the injured to give..........
Indian Penal Code, 1860, Section 307, 324, 326, 149 -- Reduction of sentence - Attempt to murder - Accused took plea of facing agony of proceedings for 18 long years - Held, complainant/injured also faced the agony of watching the accused avoiding their punishment - For making the balance, sentence of accused reduced to 3 years...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - FIR was registered against accused u/ss.408 & 409 IPC - Shortage of some articles were duly proved against accused - Since then, accused has been facing the agony of protracted criminal trial - As per custody certificate, accused already undergone specific period in custody and not misused the..........
