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Section 459 in The Indian Penal Code, 1860 459. Grievous hurt caused whilst committing lurking house trespass or house-breaking.— Whoever, whilst committing lurking house

committed grave illegality in convicting and sentencing them Under Section 459 , IPC. 18. Shri Bajwa's another contention is that the alleged ... According to him, the charge for offence Under Section 459 , IPC is not defective and no failure of justice has been occasioned

having perused such evidence convicted the accused under section 459 of the Indian Penal Code but in view of the fact that the accused ... 459 of the Indian Penal Code but thereby he has committed an offence under section 326 / 453 of the Indian Penal Code. This is because

cause death or grievous hurt the provisions of sec. 459 of the Indian Penal Code will be attracted. I am unable to take the narrow ... 459 of the Indian Penal Code but thereby he has committed an offence under section 326 / 453 of the Indian Penal Code. This is because

Months' further imprisonment Section 459 IPC Life Imprisonment Rs.5,000/- 6 Months' further imprisonment Section 394 IPC Life ... CRLA-327/2014] Section 459 IPC Life Imprisonment Rs.5,000/- 6 Months' further imprisonment Section 394 IPC Life Imprisonment

appellants and carefully gone through the record. 10. Section 459 IPC provides as under:- "459. Grievous hurt caused whilst committing lurking house ... extended to fourteen years." 12. A bare reading of Section 459 IPC would reveal that it contemplates a situation wherein the grievous

breaking, the petitioners are not liable to be charged under Section 459 IPC either. Learned counsel for the petitioners placed (Downloaded ... Penal Code will be attracted. Thus, in the process of making an entry into a house if the trespasser causes grievous hurt Section 459 , Penal

Default (RI) 307, IPC 7 years ` 1000/- 3 months 459, IPC 7 years ` 1000/- 3 months 27, Arms Act 3 years ... cost, as enshrined in Section 207 , Cr.P.C. Since Sections 307 and 459 , IPC, were exclusively triable by the Court of Session

convicted for the offence punishable under section 459 Indian Penal Code, without there being any charge for the said offence. Learned counsel points out that ... conviction of the accused for the offence under Section 459 Indian Penal Code is patently illegal. Even with regard to the charge 12 under Section

IPC read with Section 149 of IPC against the applicants. 12. As discussed above, except charge under Section 459 of IPC ... IPC is to be altered under Section 452 of IPC and, only charge under Section 452 of IPC