read with
Signature Not Verified
Digitally signed by
Section 420 IPC, Section 8 and Section 13(2) read with Section ... Part A contains various paragraphs which enumerate offences
under the Indian Penal Code, Narcotic Drugs and Psychotropic Substances
Act, 1985 , offences under the Explosives Substances
mentioned that under Section 320(1) Cr.P.C. certain
offences in the IPC can be compounded by the persons mentioned ... compounded with the permission of the Court. In fact, Section 320(9)
Cr.P.C. expressly states that no offence shall be compounded except
citizen of Afghan origin should not be discriminated against those of an Indian origin. Caste – Discrimination on the basis of caste is also prohibited ... section 307 and section 392 read with section 34 of the Indian Penal Code, 1860. The contention brought before the court was that these provisions
Section 40 in The Indian Penal Code, 1860
40. “Offence”. —
Except in the Chapters and sections mentioned in clauses 2 and 3 of this section
Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against the final judgment and
1
order dated 18/20.12.2006 ... undergo
imprisonment for life for the offence under Section 302
IPC together with a fine of Rs.50,000/- to be paid
Bench of
this Court to the said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another ... Constitution of India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
the said
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
appellants have been convicted under Sections 302 / 34 of
the Indian Penal Code, 1860 (hereinafter called IPC ) for committing the
murders of Chand ... Shabir Khan, while setting aside their
conviction under Sections 147 and 148 IPC awarded by the Trial Court.
2. Facts and circumstances giving
Trial-Charge under s. 304 read with s. 34 of the
Indian Penal Code against two persons-Acquittal of one-
Omission to frame alternative charge ... Indian Penal Code (Act XLV of
1860), ss. 34,149,302.
HEADNOTE:
The appellant and his brother were put up for trial on
charges under
Indian Penal Code , ss. 396 and 302/149, conviction and death
sentence under-Admitted enmity between accused and family of
deceased-Independent neighbouring witnesses ... Court u/s.
396 and in the alternative under s. 302 / 149 I.P.C., and
sentenced to death. They were also convicted under
