commission of the offence
under section 302 read with Section 149 of the IPC, but no separate sentence
was passed in respect ... this Court
opined :
"36. Section 149 of the Indian Penal Code provides
for vicarious liability. If an offence is committed by
any member
along with one Pravati Behera under Section 302 of
the Indian Penal Code, 1860 (for Short, hereinafter to be referred
to as “ IPC ... Code”) along with Section 34 of the Code is in appeal
seeking remedial intervention.
2. Whereas the Trial Court by the judgment and order
dated
framed the charges under Sections 302 and 309 of
the Indian Penal Code (for short, ‘ IPC ’). The appellant denied the
charges ... appellant, thereafter, was recorded under Section 313 of the Code
of Criminal Procedure (for short, ‘ Cr.PC ’) wherein the appellant
claimed innocence and rebutted
their way convicted the accused persons under Section 302 / 34 , Indian Penal Code and sentenced Chhutanni to death and the other two to transportation ... reliable. Accordingly he convicted them both under Section 302 / 34 , Indian Penal Code and sentenced Chhutanni to death and Gokaran to transportation for life
Indian Penal Code and Section 25(1)(a) of the Indian Arms Act.
3. The learned 4th Additional Sessions Judge, Arrah, however, found ... Section 148 of the Indian Penal Code and Section 25(1)(a) of the Indian Arms Act.
6. At the hearing
Additional
Sessions Judge for commission of offences under Section
302/364/201 read with Section 34 IPC in SC Case ... which the trial court may impose
stand prescribed under the Indian Penal Code in the several
provisions conferring discretion on the sentencing court with
Penal Code . Kailash Singh later on died in the hospital and inquest report was prepared and an offence under Section 302 IPC ... Section 199(2) Cr.PC in case of defamation of President, Vice President and Governor etc. A case under Section 302 IPC
Section304 , Indian Penal Code, when he was tried in the Sessions Court on a charge of murder under Section 302 , Indian Penal Code ... charge under Article 302 , Indian Penal Code , but was convicted under Section 304 , Indian Penal Code. The High Court convicted the accused under
alter the
Sections. Based on the orders passed by the learned
Magistrate, he altered the Sections of Law, thereby,
included Section 302 IPC ... under Section 164
Cr.P.C.
4. After the prosecution evidence was closed, the
incriminating materials were put to the accused under
Section 313
convicting the appellant Rakesh of an offence punishable under Section 302 read with Section 34 IPC and sentencing him to suffer imprisonment ... committed to the Sessions, where charges under Section 302 read with Section 34 IPC were framed against the appellant as well
