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
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
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
murder provided in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC ... Section 33 of the Penal Code enumerates punishments to which offenders are liable under the provisions of this Code. Clause Firstly of the section mentions
certain other sections of the Indian
Penal Code which were specified in the notification.
It was contended on behalf of the appellant ... Special Court under secs. 302, 307 and 392
of the Indian Penal Code read with sec. 34 , that the Ordi-
nance
withdrawal of
the case, Code of Criminal Procedure , 1973,
Sections 24 (8) and 321 .
C. Code of Criminal Procedure , 1973- Section 321-
Grounds for withdrawal ... cause of public
justice. [145 E-G]
2:2 The Indian Penal Code or the Code of Criminal
Procedure does not make any such
murder provided in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC ... Section 53 of the Penal Code enumerates punishments to which offenders are liable under the provisions of this Code. Clause Firstly of the Section mentions
read with s. 476 Indian
Penal Code and B of offences under ss. 120-B,409 read with
109
298
and 471 read with ... Indian Penal Code . The Sessions judge
who tried them convicted A of all the offences charged and B
of the first two charges
years. They were further convicted
under Section 302 read with Section 149 IPC and
sentenced to death.
(c) Challenging the said judgment ... death penalty for
murder provided in Section 302 of the Indian Penal Code
and sentencing procedure embodied in sub- section 3 of
Section
