Section 173 Cr.P.C. was submitted. All the appellants were
charged for the offence under Sections 399 and 402 IPC. The first ... proved, as
would be discussed hereinafter. Sections 399 and
402 of the Indian Penal Code, are confined to
making preparation for commission of dacoity
Name of Under Sentence awarded
No. Accused Section
1 Sandeep 402 IPC To undergo rigorous imprisonment
Singh for a period of five years ... proved, as
would be discussed hereinafter. Sections 399 and
402 of the Indian Penal Code, are confined to
making preparation for commission of dacoity
reference, these provisions are reproduced as
under:
Section 399 of The Indian Penal Code
5 of 9
::: Downloaded ... shall also be
liable to fine.
Section 402 of The Indian Penal Code
402. Assembling for purpose of committing dacoity.--Whoever, at any time
after
Dinesh Kumar 399 IPC 5 years 1000/- 6 months
402 IPC 3 years 500/- 3 months
25 Arms 2 years ... 402 IPC 3 years 500/- 3 months
Leelu Ram 399 IPC 5 years 1000/- 6 months
402 IPC
Appeals -2-
Name of Convict Offence under Section Sentence
Vikas @ Tall 402 IPC To undergo rigorous
imprisonment for a
period of 3 years ... evidence to prove the offences under Sections 399 and 402 of the Indian
Penal Code. He further submitted that there are material contradictions
Sections 399 and 402 , Indian Penal Code,
may be noted side by side:-
399 IPC 402 IPC
Whoever, makes any Whoever ... that while
under Section 402 , Indian Penal Code, mere
assembly without preparation is enough, Section
399 , Indian Penal Code, would be attracted only
when some
undergo further rigorous imprisonment
for one month for offence under section 402 IPC and sentencing each of the
three convicts Jagsir Singh, Jagdev ... under:-
FIR No. 9 dated 14.2.2001 under sections 399 and 402 IPC and
section 25 of the Arms Act was got registered
trial for an offence under Sections 399 , 402 of the Indian Penal
Code ( IPC for short), 1860 and under Section ... accused were convicted for an offence under Section 399 and
402 IPC by the trial Court. Co-accused Ramesh and Balinder were
also
whereas the main case under Sections
399 / 402 IPC was decided by the learned trial Court latter, acquitting the
accused by giving benefit ... connection with the investigation of the case registered under Section
399 / 402 IPC against the accused Narender Singh etc. when they
apprehended appellant
dated
25.09.2007, registered under Sections 399 , 401 , 402 of the Indian Penal
Code, 1860 [for short " IPC ... make out an offence either under
Section 399 or 402 of the Indian Penal Code ,
unless there was cogent and convincing evidence
on the record
