Raghuveer Singh
Raghuvanshi (PW-2) shall fall within the purview of Section
324 of IPC and not under Section 307 of IPC.
(31) Witness Vijay ... Surendra Singh and Pancham
Singh would be liable for offence under Section 324 of IPC
only, however, since the appellant Pancham Singh has
expired during
Section 302 read with Section 149 , I.P.C. against rest of the accused and 3 other charges for specific offences under Sections 323 , 324 ... offence under Section 323 , I.P.C. Accused Nos. 7, 11, 13, 23 and 25 were convicted for an offence under Section 324
that the appellants are not guilty under Section
308 IPC but are guilty under Section 324 / 149
IPC and are entitled to be released ... that the appellants are
guilty under Section 308 read with Section 149
11
IPC and not under Section 324 read with Section
149 IPC. Therefore
conviction of the
appellant-Devi Singh under Section 326 I.P.C. and Section 324
I.P.C. but reduced the sentence of imprisonment only ... under
Section 326 I.P.C. and maintained the sentence of imprisonment
under Section 324 I.P.C.
(5) We have heard Ms. Pragati Neekhra
under
section 302 , IPC and Section 302 read with section 34
respectively into one under section 148 and section 302 read
with section ... charges under section 324
and section 326 read with section 149 and section 326 and
section 324 read with section 149 are in relation
offence punishable
under Section 148, 323, 452 read with Section 149,
307 read with Section 149, 325 read with Section 149,
324 read with Section ... offence punishable under
Sections 148, 307, 452 read with Section 149, 325
read with Section 149, 323 read with Section 149, 324
read with Section
Section 302 read with Section 149 I. P. C. and also the acquittal of A2 to A5 of the offence punishable under Section 324 read ... offences under Sections 147 , 148 , 302 read with Sections 149 and 324 read with Section 149 I.P.C cannot be said to be erroneous
case under Section 302 , I. P. C. is not proved on the facts, and if the conviction under Section 324 , I. P. C. depends ... facts, we have the power under Section 439 , Criminal P. C. to interfere with the conviction under Section 324 , I P. C., even though
Gurpartap Singh, Baghel Singh and
Amritpal Singh and thereafter Sections 326 , 325 , 324 IPC etc. were added.
On 10.8.2007 accused Lakha Singh and Avtar Singh ... against the accused were framed for various offences
under Sections 302 , 307 , 326 , 325 , 324 , 323 , 148 IPC read with Sections
Section 147 , rigorous imprisonment for 6 months under Section 323 read with Section 149 , I.P.C. R.I. for 18 months under Section 324 ... Section 149 IPC. We confirm the conviction of A4 for offence under Section 326 read with Section 149 IPC. No separate conviction under Section 324