under sections 406 and 420 read
with Section 120B of the Indian Penal Code ( IPC ) inter alia stating "that
the accused persons ... offence.
In case of a complaint under Section 200 Cr.P.C. or IPC a Magistrate can
take cognizance of the offence made
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
writ petitions challenge the constitutional validity of Section 302 of the Indian Penal Code read with Section 354 , Sub-section (3) of the CrPC ... validity of the death penalty provided in Section 302 of the Indian Penal Code read with Section 354 Sub-section (3) of the CrPC
appropriate entry. The case was registered under Section 307 of the Indian
Penal Code, 1860 ( IPC ) against PW2, Gurumukh Singh. Dayal Singh ... death. The accused persons
have committed offence punishable under Section 302 / 34 I.P.C.
for committed offence punishable under Section 323 / 34
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
Nothing contained in this section
shall affect section 71 of the Indian Penal Code
(45 of 1860).
The relevant provisions of Section ... Section
220 of the Code may also try them of the charge under
Section 120-B read with Section 420
forwarded
the charge sheet to the Judicial Magistrate under section
173 Cr.P.C. Taking cognizance and after hearing the argu-
ments, the Judicial Magistrate ... investigation police framed charges
under s. 147, 323, 325, 336 and 427 I.P.C . and the charge
sheet was forwarded to the Judicial Magistrate
payment of fine, further six months
R.I. under Section 376 IPC and four years R.I. with fine ... behalf of the prosecution, statement of the accused under
Section 313 Cr.P.C. was recorded. He pleaded total innocence.
The learned trial Court acquitted
certain persons charges under ss. 120B , 161 , 165
and 467 Indian Penal Code, and under r. 473(3) read with
r.472, Defence of India ... High Court
upheld the conviction under ss. 161 and 467 Indian Penal
Code and set aside the conviction on the other charges. The
appellant contended
