(i) Indian Penal Code, 1860, Ss.399 and 402 — Dacoity — Preparation to commit dacoity — Testimony of police witnesses, conversation overheard by complainant regarding manner in which the dacoity was to be committed and respective roles assigned to accused, coupled with recovery of weapons...
(ii) Indian Penal Code, 1860, S.399 — Dacoity — Ingredients — Mere intention to commit dacoity is not sufficient. There must be some act or acts amounting to preparation towards the commission of dacoity, though the preparation need not extend to the stage of attempt....
(iii) Indian Penal Code, 1860, Ss.399 and 402 — Dacoity — Non-examination of all police witnesses — There is no requirement in law that every member of a police party must be examined as a prosecution witness. The evidence of the witnesses examined is to...
(iv) Indian Penal Code, 1860, Ss.399 and 402 — Dacoity — Non-joining of independent witness — Non-joining of an independent witness is a circumstance to be considered while appreciating the evidence, but it is not a requirement of law that the testimony of police officials...
(v) Indian Penal Code, 1860, Ss.399 and 402 — Dacoity — Minor contradictions in evidence — Differences regarding marking on cartridges, number of windows does not affect fact that accused were apprehended from octroi kotha, and manner in which writing work was done at spot...
(vi) Indian Penal Code, 1860, Ss.399 and 402 — Dacoity — Conduct of accused on being surrounded by police — Merely because accused did not offer resistance before being apprehended cannot, by itself, be made a ground to doubt prosecution version — Conduct of an...
(vii) Criminal Procedure Code, 1973, Section 100(4) — Search of octroi kotha — Recovery relied upon by prosecution was from accused after they came out of kotha, and the subsequent search of kotha with help of torch did not change nature of the proceedings or...
(viii) Indian Penal Code, 1860, Ss.399 and 402 — Dacoity — Plea that the accused were picked up from different places and falsely implicated remained unsupported by any evidence — No defense witness was examined by accused to establish taht they had been picked up...
(ix) Arms Act, 1959, S.25 — Recovery of pistol and live cartridge — The .315 bore pistol and live cartridge were recovered from the appellant at the spot — Pistol unloaded and its sketch was prepared at the spot — Pistol was examined by the Armourer...
(x) Indian Penal Code, 1860, Ss.399 and 402, Arms Act, 1959, S.25 — Dacoity — Conviction of appellant uss.399 and 402 IPC and S.25 of Arms Act was upheld — However, considering that occurrence pertained to year 2006, the appeal had remained pending since 2008,...
