“Trial of 3 Accused for Dacoity”
On October 29, 2021 Supreme Court held that three accused can be tried under section 391 of the Indian Penal Code.
The decision was taken by the bench of Dr. DY Chandrachud and MR Shah in Ganesan v. State, 2021 SCC OnLine SC 1023, LL 2021 SC 614
Here in this case three accused came in trial and two were absconded. Supreme court was of the view that case where some of the accused absconded and less than five persons came to be tried in the trial, it cannot be said that the offence under Section 391 IPC punishable under Section 395 IPC is not made out.
Section 391 of Indian Penal Code, when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.
As per the FIR and charge sheet there were five accused against whom the complaint was made and all such the accused were charged by the trial Court for the offences under Section 395 IPC as well as 397 IPC.
What is required to be considered is the involvement and commission of the offence of robbery by five persons or more and not whether five or more persons were tried. Once it is found on evidence that five or more persons conjointly committed the offence of robbery or attempted to commit the robbery a case would fall under Section 391 IPC and would fall within the definition of ‘dacoity’. Therefore, in the facts and circumstances, the accused can be convicted for the offence under Section 391 IPC punishable under Section 395 IPC.
“Price is an Essential Part of a sale”
On November 22, 2021 in a case the Supreme Court has held that the “Price is an Essential part of a sale”
Section 54 of the Transfer of Property Act specifically defines the word ‘sale’ and provide provisions for ‘sale how made’
“Sale” defined.—“Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.
In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.
Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property.
Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties.
The payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect. Therefore, such a sale will be void. It will not effect the transfer of the immovable property.
