hanging
under subsection 5 of Section 354 of Criminal Procedure Code for offences
committed under Section 396 IPC. The trial court after noticing that ... imprisonment under Section 395 and fine of
Rs.1,000/- and they were sentenced to death for the offence under Section
396 IPC. They were
offence under Section 395 of IPC, rigorous
imprisonment for life and fine of Rs.500/- for offence under Section
396 of IPC and further rigorous ... appellant to the offence of dacoity and murder
falling under Section 396 of IPC. According to learned counsel, the
police foisted a false case against
offences punishable under Sections 395 , 302 read with Section 34 , 376(2)(g) , Section 307 read with Section 34 and Sections 396 ... Sections 395 , 302 read with Section 34 of Indian Penal Code, Sections 376(2)(g) , 307 r.w. 34 of Indian Penal Code , Sections 396
extension of the concept of collective culpability enshrined in Section 149 IPC in Section 396 IPC contemplating murder with dacoity. An assembly of five ... offence under Section 149 IPC, squarely applies to an offence under Section 395 / 397 IPC or Section 396 IPC, or so to speak
cannot possibly be
convicted for that offence. If Section 395 IPC goes then automatically
Sections 396 and 397 IPC also will have to go since ... cannot be understood in isolation. Without the charge under
Section 395 being proved, Sections 396 and 397 cannot be contemplated.
Reliance is placed
dacoity punishable under Section 412 IPC. The conviction of the appellant herein for an offence punishable under Section 396 IPC, therefore, cannot stand and must ... extension of the concept of collective culpability enshrined in Section 149 IPC in Section 396 IPC contemplating murder with dacoity. An assembly of five
dacoity punishable under Section 412 IPC. The conviction of the appellant herein for an offence punishable under Section 396 IPC, therefore, cannot stand and must ... extension of the concept of collective culpability enshrined in Section 149 IPC in Section 396 IPC contemplating murder with dacoity. An assembly of five
under Section 396 as
well as under Sections 395 of IPC and 302 of IPC . Section 396 deals
with an offence of dacoity accompanied with ... convicted under Section
302 of IPC as well as under Sec. 395 of IPC, he could not have been
convicted under Section 396
convicting and sentencing the appellants under Section 396 IPC for the life
imprisonment.
2. Shorn of unnecessary details, briefly stated facts of the case ... night of 17.12.1980.
Consequently, the offence was altered to Section 396 IPC from
395/397 IPC vide G.D. entry
2000) for the offences punishable under Sections 395 ,
396 and 397 of the Indian Penal Code, 1860 (hereinafter called the
IPC ).
2. The facts ... payment of fine, to further undergo six months rigorous
imprisonment under Section 396 IPC. All of them were convicted for
the offence punishable under Section
