Rajender Prasad (A-10) under Section 120-B read with Sections
201 / 395 / 396 / 397 / 412 / 467 / 468 / 471 IPC and Sections ... offence
under Section 120B read with Sections 201 / 395 / 397 / 412 / 467 / 468 / 471 IPC
and Sections 25 / 27 / 54 / 59 Arms Act. Likewise
under Section 25 of the Arms Act, both relating to Police Station Manjhanpur, District Allahabad (now Kaushambi). For the offence under Section 395 read with ... their liability for an offence under Section 149 IPC, squarely applies to an offence under Section 395 / 397 IPC or Section
CONVICTING THE APPELLANT/ACCUSED
FOR THE OFFENCE PUNISHABLE UNDER SECTION 395 OF
IPC . THE APPELLANT/ACCUSED NO.3 IS SENTENCED TO
UNDERGO RIGOROUS IMPRISONMENT ... SIMPLE IMPRISONMENT FOR THREE
(03) MONTHS-FOR THE OFFENCE PUNISHABLE UNDER
SECTION 395 OF IPC . THE APPELLANT/ACCUSED NO.3
PRAYS THAT HE BE ACQUITTED
therefore, the Court acquits
her of the offence under Section 120B read with Section 395 IPC.
Offence of criminal conspiracy
37. The Court is also ... Bimlesh is acquitted of the offence under Section 120B
read with Section 395 IPC and the impugned judgment dated 29 th
CRL.A. 1141/2014
separate punishment for Section 399 IPC
and 402 IPC when the accused persons are convicted
for the offence punishable under Section 395 read with
Section ... 395 IPC does not warrant any interference.
However, Section 397 IPC is sub merged in Section 395
IPC.
34
53. The learned counsel for appellants
convicted by the learned Trial
Court for the offence punishable under Section 395 of the Indian Penal Code and
appellant Ushman Mian (appellant ... Section 412 of the Indian Penal Code. The learned
Trial Court has awarded rigorous imprisonment for seven years for offence
committed under Section 395
Poonam and Pooja were convicted for offences
punishable under Section 394 IPC read with Section 395 / 34 IPC and Section
412 IPC and Raju ... punishable under Section 412 IPC.
2. Assailing the conviction, learned Counsel for appellants submits that
conviction under Section 394 and Section 395 IPC cannot
learned trial court for the offence committed and
punishable under Section 395 of the Indian Penal Code and awarded rigorous
imprisonment for five years ... learned trial court for the
offence committed and punishable under Sections 395 and 412 of the Indian
Penal Code and awarded rigorous imprisonment for five
ORDER
1. The accused appellant who has been
convicted under Section 395 of the Indian
Penal Code, 1860 (“ IPC ” for short) and
sentenced to undergo ... accused appellant were charged for
commission of offence punishable under
Section 395 IPC. Seven accused persons
were acquitted by the learned trial Court
Raju Vijay Bahadur Singh were tried for
offences punishable under Sections 395 read with 397, 216A read
with 34 and 411 read with ... offence punishable under Section 395 of the Indian Penal
Code and similarly to convict appellants/accused nos.1, 2, 3 and 7
for the offence
