Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 23193 of 2019
Petitioner :- Rajesh Kumar Seth ... Trinetra App' wherein the accused who are involved in cases of robbery and dacoity, are monitored after taking requisite information to ensure that criminal
effect. In order to substantiate the case
even P.W.1 who is the complainant in this case has clearly narrated
the evidence ... petitioners herein and the other accused in
split up case jointly committed robbery of Rs.60,000/- from the
cycle carrier of witness Duraisamy
involving in the commission of robbery and taken away the
10 tonnes iron rods. Subsequently, a case was registered
against the petitioners and others under ... show that the revision petitioners along with
other accused had committed robbery. Once robbery committed
by the revision petitioners with the other accused is proved
happening of robbery in
the house of shop of her husband/Cw.1, She failed to identify those
persons, who committed robbery in the shop ... prosecution. Firstly
a robbery had been taken place. Secondly deadly weapons was used
at the time of commission of the said robbery
under;
"397. Robbery, or dacoity, with attempt to cause
death or greivious hurt.-If, at the time of committing
robbery or dacoity, the offender ... prosecution. Firstly
a robbery had been taken place. Secondly deadly weapons was used
at the time of commission of the said robbery
Perused the records.
8. In the facts and circumstances of the case, the
points that arise for my consideration are as under:-
1) Whether ... registering of the case.
21. The essential ingredients of the offence under
Section 397 of IPC are the accused must commit robbery
or dacoity, while
pistol.
Arrest of accused persons and recoveries effected therefrom
19. As per case of prosecution, on 11/04/2012, PW14 Inspector Mahavir
was posted ... that case FIR no. 113/12 was already
registered at PS Alipur, U/s 392/397/34 IPC regarding the robbery at Jai Shree
Ganesh
doubt which ultimately leads to his/her acquittal.
Emphasis supplied upon case titled as Sadhu Singh Vs
State of Punjab 1997 (3) Crimes ... established:-
(i) Commission of Robbery or Dacoity by the accused persons
(ii) At the time of commission of robbery or dacoity, the accused
person used
