main-
tained the conviction of the appellant under section 302 ,
IPC, with the aid of section 34 , IPC. Before this Court the
appellant contended that ... Court
was not justified in invoking
21
section 34 for maintaining the conviction against him under
section 302 , IPC. This Court while dealing with this
trial for various offences Including the one under Section 302 read with Section 34 , I.P.C. against accused ... charges for specific offences under Sections 323 , 324 , 325 read with Section 149 and Section 427 read with Section 34 , I.P.C. The learned
accused persons were
convicted under Section 302 / 149 , they were also convicted in
two groups under section 302 / 34 , one group for causing
murder ... persons cannot be convicted by taking recourse
to Section 34 with the main offence under Section 302 IPC.
The learned counsel had also urged that
were prosecuted under Section 120-B read with Section 320
IPC as well as under Section 302 read with Section 34 IPC.
Besides ... Section 435 IPC. Except
for recording the conviction of A-2 and A-3 for an offence
under Section 302 read with Section 34
persons were booked for trial under Sections
302 / 149 , 302 / 34 , 341 / 149 , 449 , 451 / 34 , 427 / 34 and 323 Indian
Penal Code for causing ... Arjun Das
Agrawala under Section 302 / 149 IPC. The High Court
convicted accused Dillip Kumar Chand under Section 302 / 34
IPC and allowed the appeal
under Section 307 / 34 IPC. Virender @ Boya and Sanjeev @ Sonu
though convicted under Section 307 / 34 IPC stand acquitted for offences
under Section 302 / 34 ... Rashid Khan and thereby committed an offence
punishable u/s 302 IPC r/w Section 34 IPC and within my
cognizance.
Secondly, on the abovesaid
accused appellants are police officials. All of them
were convicted under Section 302 / 34 IPC and were directed to
be hanged till they are dead ... death sentence under Section 366 of
the Criminal Procedure Code affirmed the conviction of all
the accused appellants under Section 302 / 34
altering the charge from
Section 302 read with Section 149 IPC to Section 302
read with Section 34 IPC suo moto and then ... been charged
alternatively, either under section 302 read
with section 149 or under section 302 read
with section 34 . The point has therefore no
force
offence under Section 302 read with
Section 149 IPC only. A person charged for an
offence under Section 302 IPC read with Section
149 cannot ... charge under Section 302 with the aid
of Section 149 could be converted into one under Section
302 read with Section 34 if the criminal
accused could have been charged alternatively either under Section 302/149 or under Section 302/34, a conviction of the accused under the former section ... charge under Section 34 for a charge under Section 149 certainly resulted in prejudice and the conviction under Section 302/34 in the case must
