Bombay v. L.R. Metwani 4.)
13. The sub-section of Section 300 of the CrPC consists of two limbs.
The first limb ... under Sections 467 read with Section 34, 468 read with
Section 34 and 471 read with Section 34 of the IPC and Section
offence under
section 404 and 408 of the Penal Code was clearly hit by section
300 of the Cr.P.C. Even during the earlier ... under section 420 of the IPC. Consequently,
neither section 221(1) nor section 221(2) applies. The second
limb of section 300 of the
that the
allegations in both the FIR being same, bar of Section 300 of
Cr.P.C. will be attracted inasmuch as no person ... have
been convicted under sub-section (2)
thereof"
5. Thus, it can be seen that Section 300(1) Cr.P.C.
is wider than
view of
Article 20 (2) of the Constitution of India and Section 300 Cr.P.C, in the case
before Hon'ble Supreme Court ... common.
The Hon'ble Supreme Court also referred to Section 300 Cr.P.C which in turn
refers to Section
tried only for the offence under Section 160 I.P.C. Therefore, it
cannot be contended that Section 300 , Cr.P.C. would be applicable ... follows :
" Section 403 of the Code of Criminal Procedure is no bar to convictions
successively under S. 323 , Indian Penal Code, and under
Section 324 IPC
14. Another ground raised by the learned Amicus Curiae is that the conviction of the appellant was hit by section 300 ... accused ought have been convicted under Section 307 read with 34 IPC and not under Section 307 IPC simplicitor by the court below. It cannot
Section 304 read with Section
34 IPC, in C.C.No.1609/2015. It amounts to double
jeopardy as hit under Section 300 of ... cardinal principle of the Criminal Procedure
Code and so also the scope and object of Section 482
Cr.P.C. On this premise, learned counsel
ground that prosecution in terms of
complaint is squarely hit by Section 300 Cr.P.C., and petitioners
cannot be tried again for the offences ... 26402 of 2013 (O&M) 7
same phenomena as underlying Section 300 Cr.P.C. The provisions
of Section 300
intention of the legislature reflected in sub-sec.(1) of sec.300 of CrPC, this rule of "Issue Estoppel" is reflected ... merits; and (iii) irrespective of the provisions of sub-sec.(1) of sec.300 CrPC and the scheme provided therein qua appeals
made it clear
that Article 20(2) of the Constitution, Section 300 Cr.P.C.,
Section 71 IPC or Section 26 of General Clauses ... under Section 5 could not be
covered under Section 6(3) of the said Act. Doctrine of
double jeopardy is enshrined in Section 300
