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Head Note

Indian Penal Code,1860  - Section 399 , Section 402 , The Arms Act,1959  - Section 25

Appeal against Conviction - Appreciation of Evidence - Conviction of appellant set aside on following grounds: (i) In a day light incident at 1.20 p.m. within the limits of City Police Station there is no public or any other independent witness of the arrest of the appellant along with other accused from the place of incident nor that of the alleged recovery of fire arm said to have been made from two of them. (ii) Complainant (PW-6) has himself investigated the crime - Credibility of the investigation is also doubtful particularly for the reason that except the police constables, who are subordinate to him, there is no other witness to the incident. (iii) It is not natural that the six accused, four of whom were armed with deadly weapons, neither offered any resistance nor caused any injury to any of the police personnel before they are apprehended by the police. (iv) It is strange that all the accused were wearing blue shirts, as if there was a uniform provided to them. (v) It is hard to believe that the appellant and three others did not try to run away as at the time of the noon they must have easily noticed from a considerable distance that some policemen are coming towards them.

Topic(s)-Making Preparation to Commit Dacoity - Acquittal