against the
accused under Sections 306 and 448 of the Indian Penal Code, 1860 ( IPC ).
6. The accused filed a criminal ... jurisdiction under
Sections 397 and 482 of the Code in quashing the charge framed against the
respondent under Section 306 IPC
Section 27 of the Arms Act and sentenced him to undergo
imprisonment for life for the offence under Section 302
IPC together ... Section 27 of the Arms Act, accused Amardeep Singh
Gill was charged under Section 120 read with Section 201
IPC, accused Vikas
said penal provision, that is, Section 377 of the
Indian Penal Code, in Suresh Kumar Koushal and another v. Naz
Foundation and others2 overturning ... India and further to declare Section 377 of
the Indian Penal Code (for short, ― IPC ‖) to be unconstitutional. When
the said
Code of Criminal Procedure , 1973, section 354(3) -If
section 302 , Penal Code, is constitutional, whether the
sentencing procedure provided in section ... HEADNOTE:
Upholding the constitutionality of section 302 , Penal
Code, and section 354 (3) of the Code of Criminal Procedure
Code. the Court.
^
HELD: Per majority
conviction of
the appellant under Section 376 of the Indian Penal Code reduced
the sentence to two years rigorous imprisonment and a fine ... Indian Penal Code, which is a special
provision, the general provision namely Section 90 of the Indian
Penal Code was not of much
Charge under s. 304 read with s. 34 of the
Indian Penal Code against two persons-Acquittal of one-
Omission to frame alternative charge ... punishable under
section 302 of the Indian Penal Code read with section 34 of
the Indian Penal Code...........".
An exactly similar charge
complaint made out a cognizable
offence under s. 405 Indian Penal Code against the
respondent, and the provisions of r. I of Para ... Indian Penal Code, which is not
a cognizable offence. Section 405 of the Indian Penal Code
defines "criminal breach of trust
sheeted for the offences punishable under Section 302 of
the Indian Penal Code (for short ‘the IPC ’) read with Section ... investigation, inquiry or trial for every offence, whether under the Indian
Penal Code or under other Penal laws. The Code makes provisions
sentenced
to death for offence punishable under Section 302 Indian Penal Code.
Accordingly, the convicts to be hanged by neck till they are dead ... month to such
convict;
(i) for the offence under Section 395 read with Section 397 IPC I award
the punishment
Penal Code
D.2 Gian Kaur’s case – The question of 22
14:11:27 IST
Reason:
unconstitutionality of Section 306 of
2
the Indian ... case – The question of
unconstitutionality of Section 309 of the Indian Penal
Code:
14. Presently, it is necessary to travel backwards in time,
though
