Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against the final judgment and
1
order dated 18/20.12.2006 ... undergo
imprisonment for life for the offence under Section 302
IPC together with a fine of Rs.50,000/- to be paid
Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD: Per majority.
Sarkaria ... Indian
Constitution were fully aware of the existence of death
penalty as punishment for murder, under the Indian Penal
Code , if the 35th Report
complaint made out a cognizable
offence under s. 405 Indian Penal Code against the
respondent, and the provisions of r. I of Para . 486 were ... money amounted to an offence under s. 403
of the Indian Penal Code, which is not a cognizable offence;
and it was argued on behalf
tried and convicted and sentenced to death under Section 302 , Indian Penal Code for the murders of Desa Singh, Durga Bai and Veeran ... validity of the death penalty provided in Section 302 of the Indian Penal Code for the offence of murder, and the sentencing procedure provided
certain other sections of the Indian
Penal Code which were specified in the notification.
It was contended on behalf of the appellant who had been ... Special Court under secs. 302, 307 and 392
of the Indian Penal Code read with sec. 34 , that the Ordi-
nance
tried and convicted and sentenced to death under Section 302 , Indian Penal Code for the murders of Desa Singh, Durga Bai and Veeran ... validity of the death penalty provided in Section 302 of the Indian Penal Code for the offence of murder, and the sentencing procedure provided
read with s. 476 Indian
Penal Code and B of offences under ss. 120-B,409 read with
109
298
and 471 read with ... Indian Penal Code . The Sessions judge
who tried them convicted A of all the offences charged and B
of the first two charges. On appeal
year. The appellants herein
4
were also convicted under Section 148 IPC and sentenced
to undergo R.I. for 3 years. They were ... death penalty for
murder provided in Section 302 of the Indian Penal Code
and sentencing procedure embodied in sub- section 3 of
Section
were convicted under s. 120B and S. 224 / 109
of the Indian Penal Code and s. 5(2) Of the Prevention of
Corruption ... Delhi under s. 120B and s. 224 / 109 of the Indian Penal
Code and s. 5(2) of the Prevention of Corruption
three
accused persons. They were convicted under Section 302 of Indian Penal Code
( IPC ) (3 counts) imposed with death penalty by the judgment ... referred by their names) were convicted for offence punishable under Section
302 IPC (three counts) for committing the murder, during the course
