explanation in the statement under
Section 313 of Cr.P.C. unless specific
circumstances put to them.
(4) Section 412 ... under Section 25(1B)(a) of the Arms Act, were
registered against the accused persons, as also offence under
Section 412
prosecution could not prove the intention which is essential
ingredients under Section 412 of IPC and the material omissions and
contradictions have been omitted ... additionally convicted and sentenced respectively
under Sections 25(1-b)(a), Section 25(1-b) (b) and Section 25(1-b)
---7---
(b) of Arms
appellants from the
4
charges under Sections 395 and 397 of IPC, but,
convicted them under Section 412 of IPC for dishonestly
retaining the stolen ... convicted for
the offence of dacoity under Section 395 of IPC
alongwith Section 412 of IPC, but, if offence of dacoity is
not proved
case as has been cited is under Section 411 , I.P.C. and not under Section 412 ... only distinction is that Under Section 411 , I.P.C, the property is stolen property whereas Under Section 412 , I.P.C, the property
will not be safe to convict an accused under Section 395, or under Section 412 , Indian Penal Code, where the only evidence adduced is that ... seems to be safe to convict him neither under Section 395 nor under Section 412, but only under Section 411 , Indian Penal Code
Trial Court
amended the charges, and also framed charge under Section 412 of
I.P.C. against Jagdish. On the very same day, the judgment ... kept
some ransom amount with him. Jagdish has been convicted under
Section 412 of I.P.C. Except the confessional statement of Jagdish
recorded under
1988, whereby accused persons
were convicted of the offence under Section 412 IPC and were sentenced to
7 years rigorous imprisonment and fine amount ... with Section 397 ) IPC but they all
were acquitted of this charge. Accused Hanslal was instead convicted of the
offence of Section 412 IPC. Accused
Gaurav and Kanhaiyalal
have been acquitted for the offence punishable under Section 412 of IPC.
|04| Above these appellants in the above 4 criminal appeals ... Shankar framed under Section 148 , 302 / 149 and 395 of
IPC and against Kanhaiyalal Patidar and Lala@ Gaurav under Section 412
of IPC. They denied
taken up.
The appellant has been convicted under Sections 412 of the IPC and
sentenced to undergo R.I. for ten years with fine ... Thus, this appellant was held guilty for committing
offence only under Section 412 of I.P.C.
By taking this Court to the language employed
taken to be true the case would not fall beyond Section 412 , IPC and therefore it has been contended by them that as appellants Kerma ... according to me they have committed an offence punishable under Section 412 , IPC. It shall be condign to rely the decision of the Apex Court
