clear from Section 351 that Section 354 docs not apply to summary trials. Section 354 is succeeded by Section 355 and according to Section 355 ... think, is clear from the language of the sections themselves. He also observed that Section 355 which immediately follows Section 354 introduces the sections providing
respect of the offence Under Section 332 , IPC while maintaining the charge in respect of the offence Under Section 355 , IPC The decision in Mohammad ... charge to be framed Under Section 332 IPC besides the charge already framed Under Section 355 , IPC The trial will be held by a Magistrate
committed by the accused
is nothing but an offence punishable under Section 355 of IPC. In
otherwise, the other material contradictions indicated by the appellants ... came to the conclusion that the
petitioners are found guilty under Section 355 of IPC, the same is also
immaterial to decide the case
100392/2017
7
committed an offence punishable under Section
355 of IPC?
[
v) Whether the prosecution has proved beyond
reasonable doubt that on the aforementioned ... Section 427 of IPC.
43. Thus, when the prosecution has proved the guilt
of the accused for the offences punishable under Sections
448 , 323 , 355
offences punishable
under Section 143, 147 read with Section 149
of the Indian Penal Code and under section
3(1)(x) of the Scheduled Castes ... offences
punishable under Sections 143, 147 read with
Section 149 of the Indian Penal Code and under
section 3(1)(x) of the Scheduled Castes
accused were not sentenced
separately for the offence punishable under
Section 355 ... taking
aid of Section 71 of IPC as offence under
Section 355 is covered under Section 323 of
IPC and offence under Section
under section 504 read with section 34 of IPC and
so also in respect of the offence under section 506
read with section ... section 324 of IPC.
The accused No.1 is sentenced to pay a fine
of `10,000/- for the offence punishable under
section 355
offence under Section 341 of IPC.
16. However, so far as the sentence for the
offence under Section 355 of IPC is concerned ... Section 307 r/w Section 34 of IPC
is hereby set aside and in its place,
accused are convicted for the offence
under Section 355
each under
Section 324 IPC read with Section 149 IPC, and to undergo
rigorous imprisonment for one year each under Section 355 IPC
read with ... Section 34 IPC. They are found not guilty of the offences under
Sections 143 , 147 and 148 IPC, and under Section 355 IPC. The
conviction
hereby convicted for the
offence under Section 355 r/w. Section 34 by imposing 3
months rigorous imprisonment and to pay fine of `1000/- each ... punishable under Section
504 of the IPC and found petitioners No.1 and 2 guilty of the
offence under Sections 323 , 324 , 355
