Section 436 in The Indian Penal Code, 1860
436. Mischief by fire or explosive substance with intent to destroy house, etc.—
Whoever commits mischief
with them. With regard to finding for
offence under Section 436 and 436 / 149 IPC it is
submitted that upon perusal of statements ... learned counsel for
the appellants that no offence under Section 436
or 436/149 IPC and other offence is made out.
The learned
judgment of their conviction under Sections 148, 304 part-1 r/w 149, 307/149 Indian Penal Code and order according to which each ... Section 149 I P.C. and also under Section 324 / 149 I.P.C in place of Section 307 / 149
under Section 227 , Cr.P.C. on the basis of aforesaid conclusion, the accused-respondents stood discharged from the offence under Section 436 , ... definition of 'Building' as borne out of Section 436 or even Section 442 , I.P.C. extracted above. The crop of 'Gawar
appellant no.1 has been awarded three years rigorous imprisonment under Section 436 IPC and appellant no.2 has been given the benefit ... concerned, he has been sentenced to three years rigorous imprisonment under Section 436 IPC. It would be just and proper to quote
under section 302 IPC, 2 years rigorous imprisonment under section 148 IPC, 4 years rigorous imprisonment under section 436 IPC ... prove the charges of offences under section 302 read with section 149 or section 147 or section 436 IPC against accused-appellants Gayatri
Section 482 of CrPC read
with Sections 401 and 397 of CrPC praying for quashing of the
charge framed under Section 436 IPC ... public' have been
defined in the Indian Penal Code under Section 11 and Section 12
respectively, which are quoted below.
11."Person
under Sec. 302 read
with Sec. 34 of IPC, Sec. 201 read with Sec. 34 of
IPC, Sec. 436 IPC ... under Sec. 302 read
5
with Sec. 34 of IPC, Sec. 201 read with Sec. 34 of
IPC, Sec. 436
charge
under Section 354 IPC. However, Raju Bhukta and Bimba @ Bimbadhar
Bhukta were convicted under Sections 436 / 34 and 452 / 34 IPC ... squarely falls within the ambit of Section 435 IPC,
but not the graver charge under Section 436 IPC.
15. Accordingly
charge
under Section 354 IPC. However, Raju Bhukta and Bimba @ Bimbadhar
Bhukta were convicted under Sections 436 / 34 and 452 / 34 IPC ... squarely falls within the ambit of Section 435 IPC,
but not the graver charge under Section 436 IPC.
15. Accordingly