read with Sec. 392 IPC
and Sec. 302 IPC read with Sec. 34 IPC. The accused had pleaded ... Pawan @ Diggi
IPC read with Sec. 34 IPC and Sec. 302 IPC read with Sec. 34 IPC
read with Sec. 392 IPC
and Sec. 302 IPC read with Sec. 34 IPC. The accused had pleaded ... Pawan @ Diggi
IPC read with Sec. 34 IPC and Sec. 302 IPC read with Sec. 34 IPC
Decision : Accused Jitender @ Jitu is convicted for
offence punishable under Section 186 / 353
IPC and under Section 27 of Arms Act.
Accused Sharif ... North East), filed a complaint under Section 195 Cr.P.C. in respect of
offence under Section 186 IPC. The fire arms
CHARGE:
This court has settled charges under Sections 186 / 35334
Indian Penal Code against all the accused Jai Mohan, Imran Khan,
Rahil and Ashfaq ... staff produced the
FIR, report under Section 173 Cr.P.C. statement of prosecution
witnesses under Section 161 Cr.P.C., seizure memos, ballistic report
under Section 353 ,Indian Penal
Code is based are the same as those constituting the
charge under s. 186 ,Indian Penal Code but it cannot ... under the former section is not so.
The ingredients of the two offences are also
distinct. Section 186 , Indian Penal Code is
applicable
186 / 353 / 332 / 34 , the Indian Penal Code (45
of 1860) (hereinafter referred to as " IPC ") and Section 27
the Arms ... Officer under Section 195 Cr.P.C.
Therefore the accused can not be convicted for the offence
punishable under Section 186 IPC
under s. 353 , Indian Penal Code is
based are the same as those constituting the charge under s. 186 ,
Indian Penal Code but it cannot ... under the former section is not so. The ingredients of the two
offences are also distinct. Section 186 , Indian Penal Code is
applicable
offences punishable under section 186 fails as
for proving the offence under section 186 IPC, the complaint under
section ... prosecution for the offence under section 353 IPC, which is an offshoot of
section 186 IPC also fails.
26. However
appropriate to have a look at
Section 186 , Section 333, Section 353 of the Indian Penal Code.
60. The essential ingredients of offence under Section ... Indian Penal Code.
(iii) Rigorous Imprisonment for a period of one year each for
the offence punishable under Section 353 of the Indian
Penal Code
offence punishable under any of the
following sections of the Indian Penal Code (45 of
1860), namely, sections 193 to 196 (both inclusive ... offence described in section 463, or
punishable under section 471, section 475 or section
476, of the said Code, when such offence is alleged