sustain the
conviction of the appellants under Sections 399 and
402 Indian Penal Code. Their conviction under
Sections 399 and 402 Indian Penal Code will ... imposed upon all the appellants for the
offences under Sections 399 and 402 IPC are set-aside.
However, the conviction of the three
case, all the accused were charged for offences under Sections 399 / 402 , IPC. Appellant Sushil @ Susu was also charged for an offence punishable ... disbelieved by the trial Court by acquitting the accused under Sections 399 / 402 , IPC. On the same and similar evidence, conviction
Police Station City, Thanesar upon
which a case under Sections 399 and 402 IPC was registered
against the appellants and their co-accused ... case, the trial Court charge-sheeted the
accused under Sections 399 and 402 IPC. Appellant Ram Niwas
and his co-accused Chattar Singh
vanish into thin air.
Coming to the offences under Sections 399 and 402
IPC, it may be noticed that as per the secret ... direct evidence to establish the offences under
Sections 399 and 402 IPC. Mere assembly of persons with
weapons by itself does not prove
Station Sadar, Rohtak under Sections 395 and 397 IPC, Sandeep
accused made statement involving himself as well as his other
co-accused ... same day under Sections 399 , 402 IPC and Section 25 of the
Arms Act was registered in Police Station Sampla. It is also
five accused were
charged for the offences under Sections 399 and 402 IPC, to which they
pleaded not guilty and claimed trial ... upon the prosecution case and convicting the
appellants under Sections 399 and 402 IPC. In this regard they placed
reliance upon Chaturi Yadav
arising out of FIR
138 dated 25.10.2012 registered under Sections 458 / 459 IPC at Police
Station Sadar, Phagwara.
According to the prosecution ... IPC and FIR No.40 dated
7.4.2010 under Sections 399 / 402 IPC, both registered at Police Station
Sadar, Phagwara
Sharma @ Sodhi,
was tried for the offences under Sections 399 / 402 / 411 IPC. Vide
judgment and order dated 21.2.2004, learned Additional Sessions
Judge ... them. The appellant was
also acquitted of the charges under Sections 399 / 402 IPC.
However, he was convicted under Section 411 IPC
Lakhan,
was tried for committing offences punishable under Section
412 IPC on the allegations that they had dishonestly retained
stolen property ... persons
including the present three accused and others
under Section 399 / 402 IPC and F.I.R. no. 54 was
recorded. During investigation
they were
convicted and sentenced for the offences under Sections 399 and
402 IPC. Two of them, namely, Sunil and Joginder @ Bachchi
were ... trial Court.
The appellant stands convicted under Sections 399 and
402 IPC and sentenced to undergo imprisonment for three years.
He has already
