were
given death sentence for commission of offences under Sections
364A / 34 and Section 395 IPC. In appeal, the High Court has
maintained the conviction ... Section 364A read with Section 34 IPC as
Criminal Appeal No. 701 of 2012 with Ors. Page 32 of 48
well as Section 395
2008
P.S S.P Badli
u/s 395/342/397/34 IPC
IN THE COURT OF SH RAJESH KUMAR GOEL:
ADDITIONAL SESSION JUDGE ... 02404R0110012009
FIR No : 477/2008
P. S : S.P Badli
u/s : 395/342/397/34 IPC
The State versus 1. Pappu Bihari
were
given death sentence for commission of offences under Sections
364A / 34 and Section 395 IPC. In appeal, the High Court has
maintained the conviction ... also
been convicted under Section 364A read with Section 34 IPC as
well as Section 395 IPC. Mr. Upadhyay arguing for A-6 submitted
that
under Section 186 / 332 / 353 IPC are concerned, the appellant has
already undergone four years imprisonment. The only offence left is Section
395 IPC. Since ... having committed an
offence under Section 396 IPC, he could be convicted for an
offence under Sections 395 and 302 IPC.
33. Ramdeo Rai Yadav
found as per Section
227 of Cr.P.C. that no case is made out for offence
punishable under Section 395 ... Sections 324 , 323 , 506 read with Section 34 of the IPC.
In view of Section 228(1)(a) of the Cr.P.C., the matter
offences
punishable under Sections 353 , 332 , 420 read with Section 34 of
the Indian Penal Code and under Sections 395 , 120-B of the
Indian ... offences punishable under Sections 332 , 353 , 420 read with
Section 34 of the Indian Penal Code and under Sections 395
offence under
Section 323 read with Section 34 of IPC.
(21) So far as the sentence is concerned, for offence
under Section 395 ... under Section 324 of IPC and under Section 323
of IPC then when the offence under Section 324 of IPC is
reduced to Section
offences
punishable under Sections 353 , 332 , 420 read with Section 34 of
the Indian Penal Code and under Sections 395 , 120-B of the
Indian ... offences punishable under Sections 332 , 353 , 420 read with
Section 34 of the Indian Penal Code and under Sections 395
accused Nos. 1 and 2
were convicted for offences punishable under Sections
395 and 397 of I.P.C. and they were sentenced to
undergo ... each as fine fo the offence under Sec. 395 of IPC.
2. It is alleged that on 24-01-2011, P.W.1 being
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
