been convicted for the
offence punishable under Section 395 read with Section 397 of the
Indian Penal Code (' IPC ' - for short ... fine of Rs.5000/- for
the offence under Section 395 read with Section 397 IPC.
The FIR (Ex.PD/1) has been registered
ingredients of offence under
Section 411 IPC is made out. The maximum punishment under
Section 411 IPC is 3 years ... Section 114 of the Indian Evidence Act, under those
circumstances. So, the trial Court has wrongly convicted the accused
under Section 395 IPC
held to be doubtful.
Lastly, the accused were charge-sheeted under Section 395
IPC. A perusal of the provisions of Section 395 IPC ... shows that Section 395
IPC can only be attracted where the offence of dacoity is committed by five
or more persons
PHHC:074741
under Section 304 (on four counts) and Section 3 read with Sections 25(1A)
and 27(3) of the Indian Arms ... petitioner that the sentences in respect of offences under Section 395 IPC and
Section 3 / 25(1A) of the Arms Act also cannot
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
with Section 397 of IPC read with Section
149 IPC and were sentenced as under:-
Sentence under Section 395 IPC ... other connected cases - 3-
Sentence under Section 395 read with 397 read with Section 149
IPC:-
Convicts are sentenced undergo rigorous
imprisonment
Singh and Umed Singh
under Section 397 IPC while convicting other accused
for offence under Section 395 IPC.
4. Whether accused ... have been acquitted of offence under Section 397 IPC and held guilty
of offence under Section 395 IPC are also sentenced
framing of charge under Sections 148 , 342 , 365 , 380 , 448 and 506
IPC read with Sections 149 , 395 and 397 IPC ... committing order
dated 18.7.2012 is illegal as offence under Sections 395 and 397 IPC
are not made out against the petitioners. The petitioners
Chand, Jitender, Mukes and Darshan
Under Section 395 read with To undergo rigorous imprisonment for a
Section 397 IPC period of 08 years ... provisions of Section 207 of the
Code, the case was committed to the Court of Sessions as offence under
Sections 395 , 397 IPC
default thereof, to
undergo simple imprisonment for six months under section 395 IPC and to
undergo rigorous imprisonment for seven years ... IPC and section 25 of the Arms
Act.
Charge under sections 395 and 397 IPC against all the nine
accused
