faced trial for offence covered by Sections 328, 392, 397
read with Section 34 of the Indian Penal Code ( IPC ) alongwith co-accused
Krishan ... life imprisonment ( Section 307 IPC) or 14
years (under Section 392 IPC)
Whereas imprisonment under Sections 307 IPC and 328 IPC
appellant under Section 328 of the Indian Penal
Code as well as 307, 379, 411 IPC and Section 22 of the Narcotic
Drugs ... appellant under Section 379
IPC and Section 22 of NDPS Act are affirmed and conviction and
sentence under Sections 307 , 328 and 411 IPC
faced trial for offence covered by Sections 328, 392,
397 read with Section 34 of the Indian Penal Code ( IPC ) alongwith
co-accused Krishan ... imprisonment ( Section
307 IPC) or 14 years (under Section 392 IPC)
(c) Whereas imprisonment under Sections 307 IPC and 328 IPC
against the accused for the offence punishable u/s 328 / 376
and 506 of Indian Penal Code (for short IPC ).
B. INVESTIGATION
2. During ... acquitted.
G. RELEVANT PROVISIONS OF LAW
17. Relevant provision of section 328 IPC are reproduced for ready
reference as under:-
Section 328 IPC
offences punishable
under section u/s 120B IPC, 366 r.w Section 120B IPC, 328 r.w Section 120B
IPC ... Section 120B IPC, 323 r.w Section 109 IPC and Section 14 of the
Foreigners Act, 1956 r.w Section 120B IPC
Section 328 / 379 / 411 IPC as well as
under Section 174 IPC and under Section 229 A IPC as framed ... guilty for the offence punishable under Section 328
IPC and 411 IPC as well under Section 174 A IPC
seized nor sent to the
laboratory, therefore the ingredient of Section 328 of IPC is missing.
It is further contended on behalf ... Court is of the considered opinion that in a case under
Section 328 IPC mere oral assertions are not sufficient to hold an
accused
SIMPLE IMPRISONMENT FOR 6 MONTHS FOR THE OFFENCE
PUNISHABLE UNDER SECTION 328 OF IPC . FURTHER, THE
5
APPELLANT/ACCUSED IS SENTENCED TO UNDERGO
RIGOROUS ... offence punishable under Section 302 of Indian Penal Code,
1860 (for short ' IPC ') is in appeal before this Court. He has
also
convicted for committing
the offence punishable under Sections 328/376/506 read with Section
120-B IPC, appellants Sonu Suri and Harbinder Singh @ Walia ... been convicted for committing the offence punishable under
Section 120-B IPC, under Section 328 read with Section 120-B IPC
and under
IPC and 304 r/w 109 IPC . The trial Court, by judgment dated 10.08.2007, convicted the first accused under Section 328 (3 counts ... have considered whether the first accused is committed any offence under Section 328 IPC. Considering the evidence of P.W.1, it could seen