IPC and Section
412 IPC and Raju and Vijay @ Vinay @ Bable were convicted for offences
punishable under Section 395 read with ... under Section 412 IPC.
2. Assailing the conviction, learned Counsel for appellants submits that
conviction under Section 394 and Section 395 IPC
case,
the appellant was convicted for an offence punishable
under Section 395 Indian Penal Code and sentenced to
seven years rigorous imprisonment. FIR was
registered ... accused were charged for
offences punishable under Sections 395 , 397 and 412 ,
Indian Penal Code. The trial Court acquitted one of
the accused. In appeal
under Sections 395 / 34 IPC and under Section 397 IPC. Since sentence
under Section 397 IPC cannot be altered ... under Sections 395 / 34 IPC and under Section 397 IPC. Since sentence
under Section 397 IPC cannot be altered
Learned Counsel for Harish @ Zahar submits that the offence
punishable under Section 395 IPC is not made out as the prosecution has
failed ... committed by the appellants would fall under Section 392 / 34 IPC
and not Section 395 / 34 IPC.
11. In view
information report was drawn under Section 394 I.P.C. but subsequently the same was converted under Section 395 1PC. Thereafter the police started investigating ... appellant should have been charged under Section 392 IPC. The conviction under Section 395 IPC cannot stand. He is convicted under
regular bail under Section
439 of Code of Criminal Procedure in FIR no. 80 dated 04.11.2011, under
Sections 395 / 397 IPC ( Section 395
Section 394 / 411 IPC & 25 Arms Act . However, the Prosecution, in my
view failed to prove the charge of Section 397 IPC ... Amicus Curiae further contended that charge for
offence punishable under Section 395 IPC cannot be said to be made
out against
this Court, charge under Section-120-B IPC r/w 395 IPC
and Sections 395 / 394 / 397 IPC read ... acquittal for the
offence punishable under Sec.120-B IPC r/w Sec.
395 / 394 IPC and as such, accused persons
0274 dated
22.09.2020 under Sections 394 , 397 , 506 IPC (Sections added later on 326,
379-B, 395 IPC and Section ... therefore, the offence under Section 326 IPC was added.
On 02.10.2021, Amardeep got recorded his statement under
Section 161
detailed hereunder:-
"i. Case Crime No. 6528/2018 under Section 395 IPC, P.S.
Kotwali Dehat, Saharanpur, U.P.
ii. Case Crime ... 2013 under Section 395 IPC, P.S.
Devband, Saharanpur, U.P.
iii. Case Crime No. 18/19 under Section 395/411 IPC
