Pradhan, J
1. A Trial of the offences under Section 307 and
Section 392 IPC conducted by the Learned Session Judge, East
Sikkim ... which
FIR number 182/2013 dated 23.07.2013 under Section 307, Indian
Penal Code, 1860 (hereinafter the IPC) was registered at 2010 hrs
against
challenged his conviction
and sentence for the offence punishable under
Section 392 IPC on a trial held by the Sessions
Judge, Udupi ... that the ingredients of Section 341 IPC are not
fulfilled. So far as the offence under Section
392 IPC is concerned
charge for commission of the offence under
Section 392 / 397 / 411 read with Section 34 IPC was framed upon
all the three accused ... offence punishable under Section 411
IPC as they have already been convicted for commission of the
offence under Section 392 / 34 IPC
offences punishable u/s 392 IPC and for the offence u/s 411 IPC. Section 392
IPC describes punishment ... also been charged for the offence punishable u/s
411 IPC. Section 411 IPC prescribes punishment for dishonestly receiving or
retaining
only in their statements u/s 313 Cr.PC. It is trite to
state that a statement under section 313 Cr.PC has no evidentiary ... offence under
section 379 / 34 IPC is proved from the evidence that has come on record as
opposed to section 392 / 34 IPC
Statement of accused Waseem was recorded U/s 281 Cr.P.C . R/w section
313 Cr.P.C. on 24.02.2020, wherein he stated that ... offences U/s 392/411/34 IPC . Section 392
IPC provides punishment for committing robbery. Section 411 IPC provides
accused Rakesh Kumar
has been examined u/s 313 CrPC on 18.08.2011. During statement u/s
313 CrPC, he stated that he was falsely implicated ... contemplated in Section 411
IPC. In these circumstances, I am of the view that the charge u/s 411
IPC
accused Satish @ Sonu
has been examined u/s 313 CrPC on 05.07.2012. During statement u/s
313 CrPC, accused stated that he was falsely implicated ... Section 411 IPC are proved against the
accused and accordingly I hold him guilty for the offence punishable u/s
411 IPC
offence under Section 392 IPC as Section 397 covers Section
392 IPC itself.
2. Learned counsel for the Appellant Sanjay Kumar ... Trial Court convicting the Appellants for offence under Section 397 IPC and
Section 392 / 34 IPC.
10. Learned counsel
aforementioned pleaded not guilty to the charge framed against them under Section 392 , IPC.
4. In support of their case, the prosecution examined ... present accused-petitioner, the learned trial Court convicted him under Section 392 , IPC and passed sentence against him as has been mentioned hereinabove
