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
penal law is concerned, there was the Anti-
corruption Ordinance No. XII of 1948 dated the 16th
-December, 1948, and the Indian Penal Code (Application ... April, 1949. Under the normal Indian law the relevant
legislative provisions are sections 3 and 4 , Indian Penal
Code, and section 188 , Criminal Procedure Code
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
section 161-165 of the Indian Penal Code before the learned
Special Judge, Shri P. S. Bhutta. The Special Judge took
cognizance of the said ... enacted as its long title shows to
amend the Indian Penal Code and the Code of Criminal
Procedure , 1898 and to provide for a more
case under Section 304-A of the Indian Penal
Code, 1860 (for short, the ‘ IPC ’) was registered against the accused Ravi
Kapur ... Code of Criminal
Procedure, 1973 (for short the ‘ Cr.P.C .’)] was filed against the accused
under Sections 279 , 337 , 338 and 304-A IPC
Code was section 367 of the 1898 Code. Both
the sections 354 of 1973 Code and section 367 of
1898 Code have virtually the same ... Code as there was
no such provision as section 354(3) of 1973 Code in
the 1898 Code. Section 354 of 1973 Code runs
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
Sections 420 , 406 , 409 , 468 , 471 ,
188 and 120B of the Indian Penal Code, 1860 (“ IPC ” for short).
The said FIR was registered ... bail by way of an application under Section 439 of the Code
of Criminal Procedure, 1973 read with Section
registered
under Sections 363 and 376 (2)(f) of the Indian Penal Code 1860 (for short
‘ IPC ’) and Section ... Code of Criminal Procedure 1973 (for short ‘the CrPC ) for offences under
Sections 363 and 376 (2)(f) of IPC. As the alleged
imperative tone of s. 133 Criminal Procedure
Code read with the punitive temper of s. 188 I.P.C. make the
prohibitory act a mandatory ... when the municipal council is penniless.
[108H]
9. Although the Cr.P.C . and I.P.C . are of ancient
vintage the new social justice
