punishable under sections 302, 323 read with section 34 of the I.P.C.
and the order of sentence dated 5.6.2004 vide which ... Judge, Kapurthala for an offence punishable under sections 302 , 323
read with section 34 of the I.P.C. vide order dated
perform the delicate functions by applying the provisions of
Indian Penal Code to the facts of the case to clearly demarcate as to what ... Code would be frustrated if he is driven to take recourse
to Section 421 of the Code. Order under Section 357 (3)
must
accused. They were charge-sheeted under Section 302 read
with Section 149 IPC and Section 324 read with Section ... appellant Surat Singh falls under Exception 4 of
Section 300 IPC. Therefore, he is liable to be punished under Part
Singh was held guilty for the offence under Sections 307 read with
Section 34 IPC, 326 read with Section ... Having converted the offence from Section 307 to Section 308
IPC, this Court is to determine the quantum of sentence
Mange Ram,
Surender, Sher Singh and Harish under Section 302 read with Section 149
I.P.C. and for some lesser offences. Rajesh ... 304 Part II of the Indian
Penal Code and not one under Section 302 I.P.C."
Reference was made
vide which they have
been convicted under Section 302 and 324 read with Section 34 IPC and
have been sentenced ... evidence and accordingly convicted the accused under Section 302 and 324
read with Section 34 IPC.
Mr. Brar, counsel
counsel and accused stands acquitted under Section 256 of the Code. Section 300 of the Code which is based on the maxim nemo ... Code. In a summons case, acquittal of an accused under Section 256 of the Code is covered by Section 300
there is no intention to cause death, case can fall under Section 300 if there is intention to cause bodily injury, which is sufficient ... regard to peculiar facts of a particular case, case falls under Section 300 or not and whether any of the exceptions is attracted
undergo rigorous
imprisonment for three months each under Section 302 read with Section 34
IPC. During the pendency of appeal ... convicted all the accused for the offence under Section 302 read with
Section 34 IPC, while making the following observations
Prabhu were tried for the offences under
Section 302 Indian Penal Code (` IPC ' for short) and Section ... Mangtu who were charged for the offence under Section 302 read with
Section 34 IPC by giving them the benefit
