appellant or the accused), under Section 302 of the
Indian Penal Code, 1860 ( IPC , for short) and sentencing him to undergo imprisonment ... Indian Evidence Act, 1872 (the Evidence Act , for
short) qua Section 162 of the Code of Criminal Procedure, 1973 ( CrPC , for short), and the
contradictions
accused or the
appellant), under Section 448 of the Indian Penal Code, 1860 ( IPC , for short), and sentencing
him to undergo Rigorous Imprisonment ... scrutiny of law. The conviction of the appellant u/s 448
IPC is also liable to the set aside. The trial Court
parties,
the trial court had convicted the appellant under section 302 / 448 IPC and other
accused persons (not appellant)under Section 448 IPC ... been preferred by Kamal Dihingia against the conviction
under Section 302 / 448 IPC.
6. It was urged by the learned counsel
I.P.C.
55. Accordingly, the conviction of the appellant-Gopal Sah
is altered from 307 of IPC to section 324 of IPC ... made out. Accordingly, the appellant is acquitted under
Section 448 IPC and the appellant is also acquitted for the
offence under Section
offence under A1 to A8 were sentenced to undergo
Section 448 IPC. Rigorous Imprisonment for three
months each and to pay a fine ... judgement dated
02.02.2023 under Section 147 IPC, 448 IPC , 352 r/w 149
IPC , 355 r/w 149 IPC
undergo
1 month of simple imprisonment for the offence under Section 448 of IPC
and also sentenced to undergo 3 years of Rigorous ... accused as found guilty of offences under
Sections 354 and 448 of IPC; and
3.3.2) acquitted the accused as not found guilty
Court The accused is convicted for the offence
under Section 448 IPC and sentenced to
undergo one year rigorous imprisonment ... prosecution under Section 207 of Cr.P.C.
6. After hearing both sides, the charges under Section 448 IPC
and under Section
offence committed and punishable under Sections 448 / 323 / 376 / 511 and
307 of the Indian Penal Code and awarded rigorous imprisonment for one year ... 1211 of 2002 under Sections 448 / 323 /
324 / 307 and 376 / 511 of the Indian Penal Code against the
accused/appellant.
5. After investigation
evidence, learned Sessions Judge convicted the present appellants
under Section 302 / 448 IPC R/W Section 34 IPC. However, acquitted ... opinion that the
prosecution has proved the charge under section 302 / 448 IPC against both the appellants
beyond all reasonable doubt
sentence for the offence committed by the
convict under Section 448 IPC. However, by the impugned judgement it
was directed that ... under Section 307 IPC along with Section 448 IPC we
feel it obligatory to look to Section 320 IPC
