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 of conspiracy
under section 120-B , IPC and of murder under Section 302 ,IPC read with
section 149 of the Code, accused Malkiat Singh ... extension of the concept
of collective culpability enshrined in section 149 , IPC in section 396 ,
IPC contemplating murder with dacoity. An assembly of five
charge of
Section 395 and Section 302 of IPC are consolidated and
therefore if no offence under Section 396 of IPC is constituted
then ... other words, the ingredients of Section
302 become an integral part of the offences
punishable under Section 396 of the IPC.
Resultantly, the distinction with
original charges was under Section 302 , IPC which is as serious an offence as the one contemplated under Section 396 ... daeoity and furthermore, since the charge under Section 392 , IPC would become redundant once Section 396 is invoked, we do not see any prejudice
aforesaid 10
appellants along with 5 others were charged under Sections 395 / 396 / 397 of the
Indian Penal Code, and in addition to that ... under Sections 25 (i)(a) / 27 of the Arms Act.
4
2. In the trial all the appellants were found guilty under Section 396
Arti Devi under section 412 IPC. and sentencing appellant Mangaroo with extreme penalty of death under section 396 IPC and 7 years rigours imprisonment under ... Chauhan under section 120B IPC for having hatched the conspiracy for dacoity and against other appellants Bhanwar Pal and Deepak under sections 396
each under Sec.302 of IPC, (iii) rigorous imprisonment for
7 years and a fine of Rs.3000/- each under Sec.396 ... separate sentence was awarded under
Sec.399 of IPC stating that sentences were imposed under
Secs 396 and 397 of IPC . The substantive sentences
CONVICTING THE
APPELLANTS/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER
SECTION 396 OF IPC . THE APPELLANTS/ACCUSED ARE
SENTENCED TO DEATH. THEY SHALL BE HANGED ... SECTION 366(1) OF CR.PC. AND ALSO TO PAY A
FINE OF RS.5,000/- EACH FOR THE OFFENCE PUNISHABLE
UNDER SECTION 396
CONVICTING THE APPELLANTS/ACCUSED
FOR THE OFFENCE PUNISHABLE UNDER SECTION 396 OF IPC .
THE APPELLANTS/ ACCUSED ARE SENTENCED TO DEATH. THEY
SHALL BE HANGED ... FINE OF RS.5,000/- EACH, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 396 OF IPC . THE APPELLANT/ACCUSED PRAYS
THAT THEY BE ACQUITTED
ADEQUATE SENTENCE AGAINST THE
RESPONDENTS FOR THE OFFENCES PUNISHABLE UNDER
3
SECTIONS 396 AND 397 OF INDIAN PENAL CODE AND
ETC.
IN CRIMINAL APPEAL ... CONVICTING THE APPELLANTS/ACCUSED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 396 AND 397
OF INDIAN PENAL CODE AND ETC.
IN CRIMINAL APPEAL NO.1511
