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
police station
Kalkaji under Section 392 / 34 of the Indian Penal Code (in short ' IPC ').
2. On 31.07.2008, accused Zakir @ Nasir ... namely Om Shiv, Israil and Zakir for the offence
punishable under Section 395 IPC. Charge for the offence punishable
under Section 397 IPC
committed to this
court.
4. On 19.02.2013, charge under Section 395 / 34 IPC was
framed against all the accused persons. Charge under Section ... Raju Singh were charged for the offences under Section
395/ 34 and Section 412 IPC. Since no robbed article was
recovered from accused
directed that charge under Section 397 IPC is made out against Sunil @
Kale and charge under Section 395 IPC is made ... held guilty and convicted for offence punishable under Section 395
read with Section 397 IPC.
Announced in the open court (KIRAN BANSAL
Court had held that prosecution failed to prove the ingredients of
Section 395 IPC. Learned Additional Public Prosecutor fairly conceded that
during trial ... that no case is
made out for the offence punishable under Section 395 IPC.
12. While acquitting the co-accused persons vide judgment
having committed an
offence under Section 396 IPC, he could be convicted for an
offence under Sections 395 and 302 IPC ... offence punishable under Section
396 IPC but alternative charge was also framed for an offence
punishable under Section 302 IPC
2018, under Sections 396 , 412 / 34 IPC, P.S. Malihabad, District Lucknow, Case Crime No. 68/2018, under Sections 395 ... 2018, under Sections 457 , 380 , 411 IPC, P.S. Malihabad, District Lucknow, Case Crime No. 15/2018, under Sections 395 , 397 , 412 IPC
convicted of the
offence under Sec.397 of I.P.C. which takes within it
Sec.392 of I.P.C. also and the trial ... Judge found A1 guilty of the offences
under Section 395 read with Sec.397 of IPC. Both
sections are distinct and separate
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
awarded rigorous
imprisonment for ten years with fine `25,000/- under Section 395 IPC.
2. Allegations against the appellant were that ... IPC. Rajan Saha, Aziz, Shakil
and Vakil were also convicted under 412 IPC . They were, however,
acquitted under Section 397 IPC
