2017, under Sections 188 , 336 of the Indian
Penal Code and Sections 131A and 135 of the Maharashtra Police
Act, 1951 against the said applicants ... offences punishable under Sections 336 and 188 of
the Indian Penal Code and Section 131A and 135 of the Maharashtra
Police Act, 1951.
14. Vide
offences punishable under
Chapter XVI or Chapter XVII of the Indian Penal Code ,
1860 (Central Act No.45 of 1860) or any of the
offences ... offences
punishable under Chapter XVI or Chapter XVII of
the Indian Penal Code , 1860 (Central Act No. 45
of 1860) or any of the offences
Appellant was given benefit of set off under Section 428
of the Cr.P.C.
2. The prosecution case pertains to the murder ... bringing the case within any of the
General Exceptions in the Indian Penal Code (45 of
1860), or within any special exception or proviso
contained
appellant deserves
consideration of his case under section 85 of the Indian Penal Code.
Section 85 reads as follows:-
"Act of a person incapable ... Indian Penal Code .
15. We have gone through the materials available on
record, the appellant was convicted by the trial court for committing
murder
Cr.P.C., it has been contended
as under:
"The appellant has filed an application under
Sec.391 of Cr.P.C. praying ... Cr.P.C. is absolutely subject to
the orders on the afore-stated vide-application filed U/ Sec.391 of
Cr.P.C. dated
brother of Daya Nand Singh.
2. Provisions of Section 207 Cr.P.C were complied with. On
appearance of accused persons before Court and prima ... section 219 Cr.PC was framed against
accused Kamlesh Sambharwal. Accused Sain Kumar was charged
with the offence under section 419 IPC. Accused
similar allegations as made by his father. Therefore, penal
section 498A / 304B / 34 IPC were added in the present case. Exhibits
were sent ... filed.
7. On compliance of provisions of Section 207
Cr.P.C.,case was committed to Court of Sessions and was assigned to
this court
prosecution evidence, statement of accused u/s 313 of the Code of
Cr.P.C . was recorded.
7. Heard the Ld. Addl ... circumstances appearing against him in the statement u/s 313 of Cr.P.C.
clearly admits that he was under intoxication and therefore, nothing more
vide FIR No.425/2014 dated 29.08.2014
u/s 376/328/506 IPC for the prosecution of accused Kuldeep in the
court ... investigation, on 30.08.2014 she got recorded
statement of prosecutrix under section 164 Cr.PC vide Ex.PW8/A
and counseling of prosecutrix was done
State.
________________________________________________
JUDGMENT
(27/04/2017)
This Criminal Appeal under Section 374 of CrPC has
been filed against the judgment dated 28.12.2006 passed
by Additional Sessions ... under Section 307 of IPC and under Section 324 of IPC and
has been sentenced to undergo the rigorous imprisonment
