Section 302 of the Indian Penal Code read with Section 354 , Sub-section (3) of the CrPC in so far as it provides death ... Section 302 of the Indian Penal Code read with Section 354 Sub-section (3) of the CrPC is assailed before
whereby the
conviction of appellant-Sheo Shankar Singh under Section
302 read with Section 34 IPC and that of appellant-Umesh
Singh ... punishable under Section 302 / 34 / 120B and 201 of the
Indian Penal Code. Appellant-Umesh Singh was further
charged with an offence punishable under
suspended. Sub-Sections (1) and (2) of Section 426 of the CrPC,
1898 are similar to Section 389 (1) of the present CrPC ... Section 389 CrPC, did not exist under the
earlier legal framework. However, since the second proviso to sub-Section (1) of
Section 389 CrPC
three
accused persons. They were convicted under Section 302 of Indian Penal Code
( IPC ) (3 counts) imposed with death penalty ... Section 25 , 27 of Arms Act. The trial court framed charges against the
accused under Sections 397/ 34 in alternative 302/34 and 449 IPC
Penal Code and to appellant Rambihari Gautam under section 302
(2) Cr.A.No.1224/2007
read with section 114 of the Indian ... under section 302 of the Indian Penal Code.
Accordingly, his conviction and sentence under section 302 I.P.C. is
set aside and instead
Additional
Sessions Judge for commission of offences under Section
302/364/201 read with Section 34 IPC in SC Case ... which the trial court may impose
stand prescribed under the Indian Penal Code in the several
provisions conferring discretion on the sentencing court with
whereby the appellants have been held guilty of charges under Sections 302 , 307 / 34 IPC and Section ... Station Raunahi District Faizabad.
4. The accused in their statements under section 313 Cr.P.C denied the incriminating evidence appearing against them. They pleaded
completion of trial, the accused were examined under Section
313 Cr.P.C. explaining the incriminative material and evidence against
them to which they denied ... defined under clause (a) of Section 2 of The
Identification of Prisoners Act, 1920. Therefore,
Section 4 and Section 5 of The Identification of
Prisoners
police in not filing challan against accused for offence under Section 302 IPC, with the prayer that police be directed to reinvestigate ... Court under Section 173(8) of Cr.P.C. requesting for a direction to further investigate the matter and not under Section 482
Indian Penal Code (‗ IPC '
hereinafter), the learned Trial Judge has imposed the death
sentence for commission of the offence under ... Singh aged 12 years and thereby
committed an offence punishable under Section 302
IPC and within my cognizance.
Secondly on the above
