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
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
CONVICTING THE
APPELLANTS/ACCUSED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 396 OF INDIAN PENAL CODE . THE
APPELLANT/ACCUSED NOS.2 AND 3 ARE SENTENCED ... FINE OF RS.10,000/- EACH - FOR THE OFFENCE
PUNISHABLE UNDER SECTION 396 OF IPC .
****
IN CRL.A.NO.563 OF 2012
BETWEEN:
1. NALLATHIMMA
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
Sections
395 , 302 read with 34 of the IPC , Section 376 (2)(g) , Section 307
read with Section 34 of the IPC, Sections 396 ... punishable under Section 307 read with Section 34
of the IPC, Section 397 read with Section 395 of the IPC and
Section 396
