ambit of Section
357 of the Code of Criminal Procedure, 1973 (for short 'the Code') is
raised in this appeal which by order ... read with Section 149 , 302 read
with Section 149 of the Indian Penal Code, 1860 (for short 'the IPC ')
for allegedly
dispute that proceedings under Section 145 of the
Code of Criminal Procedure (for short "the Code") was initiated before an
Executive Magistrate ... essence of the offence under Section 149 of the
Indian Penal Code would be common object of the
persons forming the assembly. It is necessary
Code of Criminal Procedure , 1973
(hereinafter referred to as the "Present Code") against the judgment of
acquittal passed by learned First Additional Sessions ... alleged commission of offences
punishable under several sections of the Indian Penal Code , 1860 (in short
` IPC ').
3. Prosecution version as unfolded
offences punishable under
Sections 143 , 144 , 147 , 302 / 149 and 324 / 149 IPC. For offence under
Section 302 read with Section 149 IPC ... deserves to be allowed
benefit of doubt.
Section 149 of the Indian Penal Code provides that if an offence
is committed by any member
crime No. 285A of 1990 under Sections 147 , 148 , 149 and 307 , I.P.C. on 28-8-1990 at P. S. Sikandra ... order of the Magistrate relates to Section 406 I.P.C. But in regard to offence under Section 498A IPC no exception
respect of the offence punishable under
Section 302 of the Indian Penal Code read with Section 34 of
the Indian Penal Code [for short ... recording their statements
under Section 164 of the Code of Criminal Procedure (for short
' Cr.P.C .). The clothes
read with Section 149 of
the Indian Penal Code. The trial court acquitted accused no. 1, Basappa
and accused no. 2 Vipakshappa ... under
Section 304 , Part II read with Section 109 of the Indian Penal Code and
sentenced to undergo simple imprisonment for one year. Accused
offence punishable under Section 302
read with Section 149 of the Indian Penal Code, 1860 (in short
the ` IPC '). The other appeals ... read with Section 149 , Section 324 read with
Section 149 IPC, Section 326 read with Section 149 and
Section 307 read with Section
against him under Sections 147 , 302 and
323 / 149 of the Indian Penal Code (for short, ' IPC ') was converted to
conviction ... commission of an offence under Section 304 , Part I of the Indian Penal
Code and not under Section 302 thereof.
Keeping in view
conviction of the
accusedRamavtar from Section 302 / 149 of the IPC to Section
304 Part II of the IPC ... conviction for the offence
under Sections 148 and 302 / 149 of the IPC; altered the
conviction of the accusedKalicharan to offences under
