prayed that the accused persons be also charged under Section 394 IPC and Section 7 of Criminal Law Amendment ... article (incriminating material) under Section 27 of the Indian Evidence Act, the trial of the offence under Section 394 IPC is futile exercise
charge framed against him under Section 307 IPC. The appellant was convicted
under Sections 394 / 324 IPC. On his such conviction ... Rigorous Imprisonment for another 1 (one) month for the
offence under Section 394 IPC. The appellant was further sentenced to undergo Rigorous
Imprisonment
nature of injury is immaterial for offence under Section
394 or Section 397 IPC. Non-recovery of weapon of
offence is also ... accused has been charged under Section 394 / 397 IPC.
Section 394 IPC reproduced as under:-
"If any person, in committing
Singh @ Guddu is facing
trial for offences u/s 392 , 323 , 394 r/w section 34 IPC. The gene-
RISHABH State Vs.Gurvinder ... u/s 9 of Indian Evidence Act. Further, in
State Vs.Gurvinder Singh @ Guddu FIR No: 25/2010 U/s : 394/34 IPC
Salman @ Javed is
convicted for offences
punishable under Section 392 ,
Section 394 and Section 397
IPC
JUDGMENT
1. Succinctly stated, the case ... reproduce Section 394 IPC and Section 397 IPC for ready
reference :-
Section 394 IPC - Voluntarily causing hurt in committing
charge sheet filed by Police Station Neb Sarai u/s
394 / 397 / 411 / 34 Indian Penal Code (hereinafter referred to as IPC )
subsequent ... offences u/s 394 / 34 IPC and u/s 397 IPC. Section 394 IPC provides
punishment for voluntary causing
sheet under Section 323 , 325 IPC was submitted
3
against the accused. On 10.09.1997, charge under Sections 323 , 325
IPC ... adjourned as provided under sub-section (4) to
Section 216 of the Code.
30. Section 217 of the Code makes another provision that if
charges
against Accused No.1 u/s 448 and 397 I.P.C. and Accused No.2
u/s 448 and 394 ... u/s 448, 394 and 397 r/w 34 and Accused No.3 u/s 448 , 394 and 397
r/w 34
sentence rendered against the revision petitioners under Section
394 r/w Section 34 of the Indian Penal Code,1860 (hereinafter
referred to as ' IPC ... fine of Rs.10,000/- each under
Section 394 r/w Section 34 IPC. In case of default, the revision
petitioners/accused
offence punishable under
Section 324 of IPC by scaling down the offence punishable
under Section 394 to 324 of IPC ... conviction of
offence punishable under Section 397 of IPC and the conviction
is under Section 394 of IPC, improper framing
