Indian Penal Code :
Held, (i) that the datenus were governed by the Punjab
Communist Detenus Rules and not the Prisons ... prevent a
subsequent prosecution for offences under the Indian Penal
Code ;
(ii) the Jail Superintendent having taken action under
SCALE (1)945
ACT:
Criminal Procedure Code , 1973: Section 235 and
section 354(3) --Sentence--Decision--Sentencing court to
approach question seriously--Endeavour ... death sentence
cases indicates obligation to explain choice of sentence.
Indian Penal Code , 1860: Sections 34 , 141 , 149- -Unlawful
assembly--Fastening of vicarious responsibility
recorded under section 161 of Cr.P.C., spot map was prepared
and Charge-sheet was filed against the appellant under sections ... respect of the charge under Section 148 and convicted the
appellant herein for the offence under Section 302 , IPC and sentenced
Trial Court and convicted the accused under various sections of
Indian Penal Code (for short ‘ IPC ’).
2. The Criminal Appeal ... High Court for the offence punishable
under Section 324 read with Section 149 , IPC and sentenced them to undergo
imprisonment
Sintu,
under Section 307 for making an attempt to kill Yuvraj, under Section
120-B , 147 , 148 , 149 of IPC against Mahendra ... Singh. The Trial Court also framed
charges under Sections 302 read with Section 120-B of IPC (on 3
counts), 307 read
read with Section 149 of the Indian Penal Code,
1860 (for short the ' IPC ') by the Additional Sessions Judge ... under Section 302 IPC
along with Section 148 read with Section 149 IPC. Discussion hereinafter
would be focussed
section (2) of the said section
specifies the offences which are compoundable
with the leave of the Court. Sub-section (9) of
Section 320 declares ... than the Indian Penal Code also cannot be
compounded.
14. Sub-section (8) of Section 320 of the
Code expressly enacts that where
Indian Penal Code recognizes two kinds of homicide :
(1) Culpable homicide, dealt with between Sections 299 and
304 of IPC ... charge is under Section 147 or Section 148 , and
Section 147 is not used when the charge is under
Section 148 . Section
sanctioning authority’.
2 For short, ‘MCOCA’.
1
under the Indian Penal Code , 18603, the Arms Act, 19594 as also
MCOCA.
3. The genesis ... proclamation was issued on 14.10.2020 under Section 82 of
the Code of Criminal Procedure, 19735 read with Section 20(3) of
MCOCA, declaring
almost three months.
12) It is also highlighted that Section 164A of the Code provides for
medical examination of the rape victim and casts ... petitioners were registered under Section 376D of the Indian Penal Code,
1860 (in short ‘the IPC ’) a specific provision relating
