1564/2009 CAV JUDGMENT
sentence. This appeal under Section 374 of Indian Penal
Code is admitted on 1.9.2009 and was taken up for final
hearing ... beyond reasonable doubt where appellants are convicted
for Section 304 (B)(2) of Indian Penal Code.
12. Considering overall considerations of facts
2013
JUDGMENT
This is an appeal under Section 374 of IPC filed by the
appellant/accused against the Judgment dated ... said trial Court convicted the
appellant for an offence punishable under Section 138 of N.I. Act
and sentenced him to pay a fine
conviction for commission of offence under Section 302 of IPC i.e. by invoking
Section 374 of Cr.P.C. which provides
charge
under Section 302 of the Indian Penal Code ( IPC ) is hereby questioned by
appellant - convict by invoking Section 374 of the Code
BANAKAR, ADDL. SPP)
THIS CRIMINAL APPEAL IS FILED U/S 374(2) OF CR.P.C.
SEEKING TO SET ASIDE THE ORDER OF CONVICTION DATED ... under Sections 302 and 201
of IPC were proved beyond reasonable doubt?"
Analysis
12. In this appeal under Section 374 of
Dhule, for
the offence punishable under Section 376(2)(f) and Section 506 (i) of
Indian Penal Code ( IPC ) in Sessions Case ... offence punishable under Section 506 (i) of IPC. The
appellant-accused, taking recourse of remedy under Section 374 of
Code of Criminal Procedure
appellate court in exercise of its power under Section 374 of the Code of Criminal
Procedure and we do not find any other provision ... offence under
Section 302 of IPC, the only provision under which the conviction can be examined would be Section
374 Code of Criminal
State.
2. This appeal under Section 374(2) of the Code of
Criminal Procedure (for short „ Cr.P.C .‟) has been filed by the
appellants ... punishable under Sections 452 and 307 of the Indian Penal Code (for
short „ I.P.C .‟).
4. On completion of trial and after hearing
record, it
indicates that the Appellant preferred this Appeal under
Section 374 of Cr.P.C., questioning the order of conviction
rendered ... offences
punishable U/ Sec.188 of IPC and
Sec.51(b) of The Disaster
Management Act and also Sec. 14 of
Foreigners
City.
(Rep by Public Prosecutor)
JUDGMENT
This appeal is filed u/ sec.374 of Cr.P.C., challenging the
judgment dated 29.05.2012 passed ... proceed to pass the following:
ORDER
The appeal filed u/sec. 374 of Cr.P.C . by the
appellant/accused No.1 is hereby allowed
