witnesses were recorded and after completion of investigation, challan
u/sec. 173 Cr.P.C was presented against accused Mohd. Sultan
@Guddu and supplementary challan ... examination of accused u/s 313 Cr.P.C.
11.During examination of accused Mohd. Sultan @ Guddu u/s 313 Cr.P.C
he controverted
sentenced the appellants Kamlesh and Gopal as under:-
Kamlesh:
Under Section 302 IPC:- to undergo life imprisonment and to
pay a fine ... appellant
Kamlesh under Section 27 of the Evidence Act.
Appellant Gopal has been convicted for offence under Section
411 IPC
wrongful gain and
therefore, became punishable under Sections 302 read with 109 and Section 404
read with 109 I.P.C. and under Sections ... part of investigation and would alter
the section from 174 Cr.P.C . to Sections 302 and 379 I.P.C. and would sent
express
offences
punishable under Sections 302 and 404 of the Indian Penal Code, 1860
(hereinafter referred to as `the IPC ’), and sentenced ... fine, to undergo further rigorous imprisonment for one year
under Section 302 IPC; and was also sentenced to undergo rigorous
imprisonment
accused, Shivani Chopra under
Sections 302 / 34 of Indian Penal Code, 1860, (hereinafter referred to
as the ` IPC ’), and sentenced ... imprisonment and to pay
a fine of Rs.5000/- each; under Section 201 IPC, to undergo rigorous
imprisonment for three years
ATTACHED
2. An offence punishable under section 406 or section 408 or section
409 of the Indian Penal Code (45 of 1860), where ... section 406 or section 408 or section
409 of the said Code has been committed.
4. An offence punishable under section 417 or section
this Court more appropriate penal section to be applied to the facts found proved would be Section 403; I.P.C.
10. Before the conviction ... relevant section of the penal law to the facts found. The trial Court found them attracting the applicability of Section 379 I.P.C. while
this appeal filed under section 374 of Criminal Procedure
Code, 1973 (hereinafter referred to as ' Cr.P.C .'), the appellant seeks to
challenge ... committing an offence
punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter
referred to as ' IPC
offences
punishable under Sections 302 and 376A of the Indian Penal Code, 1860
(" IPC "), and for both these offences ... used by his bhabhi was falsified by his
own statement under Section 313 Cr.P.C. where he stated that the police had
come
under section 25 / 4 of Arms Act.
Suleman who absconded and surrendered later was charged under sections 302 / 149 and 201 ... Section 164 CrPC. This Court in Ram Kishan Singh v. Harmit Kaur , (1972) 3 SCC 280 has held that a statement under Section 164 CrPC
