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
Kalicharan
and Jamna have been convicted for the offence
punishable under Section 395 IPC and sentenced to
undergo seven years R.I., whereas three ... acquitting the appellants
under Section 396 and 397 of IPC, the trial Court could
not have convicted them under Section 395 of IPC
invoking
petition on 3.6.2016, under section 216 of the Code (Annexure 8),
for altering the charge from section 395 to section 396 of the
Indian Penal ... murder. The FIR was registered under
section 396 and 398 IPC. Consequently, cognizance was taken
under section 395 IPC and charges were framed under section
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
Shamshad has strenuously contended that offence
punishable under Section 356 IPC has been converted to Section 395 read
with Section 120B IPC. Section ... extended is the consistent case of the prosecution.
Section 391 defines 'dacoity' and Section 395 provides the punishment for
the offence
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
appellants have been found guilty and
convicted for the offences under Sections 395 , 397 and 412 of the Indian Penal
Code. Upon hearing ... Verma for the offence
under Section 412 of the Indian Penal Code.
26. As regards the offence under Section 395 of the Indian Penal Code
convicted all the
accused-appellants for the offence punishable under section 395
IPC and sentenced them to undergo 10 years' rigorous
imprisonment ... Sonu for the offence punishable under section 120-B IPC in
addition to the offence under section 395 IPC.
Learned counsels for the appellants have
