Sections 302, 440
and 449 r/w. Section 34 of IPC. Under Section 302 of IPC
the appellants are sentenced ... punishable under
Section 304 Part II of IPC . Now, there is also conviction
under Section 440 of IPC. We have already
convicted and sentenced for the offences under
sections 449 and 302 of Indian Penal Code by
Ivth Additional Sessions Judge, Ernakulam. He
filed this appeal ... Section 300 IPC and if that be so the
conviction for the offence under section 302 of
Indian Penal Code is not sustainable
Appeal.264/2006. 18
and sentence for the offence punishable under Section 449 IPC is
illegal.
23. One shall not forget the fact ... finding of the court below that the offence punishable under
Section 449 IPC was made out cannot be supported.
In the result, while
Sec.313 Cr.P.C. He denied all
the incriminating facts and circumstances put to him and
filed additional statement under Sec.313(5) ... undergo rigorous
imprisonment for six years for the offence under Sec.449
IPC, imprisonment for life under Sec.302 IPC
Indian Penal Code ( IPC for short), rigorous
imprisonment for 10 years and fine of Rs.1000 u/s 449 of the
IPC ... been convicted under Section 302 of
IPC. However, he is liable for punishment under Section 394 of
the IPC.
Accordingly, this
guilty of the offences punishable under Sections 449 ,
309 and 302 of the Indian Penal Code. The challenge against
the verdict of guilt and conviction ... offence under Section
302 of the Indian Penal Code. We are satisfied that the
sentences imposed for the offences under Sections 449
under Section
300 of Indian Penal Code. If so, he could
only be convicted for the offence under
Section 304 of Indian Penal Code. When ... Indian Penal Code cannot be sustained.
10. Then the only question is regarding the
sentence. Part I of Section 304 of Indian
Penal Code provides
guilty of the offences punishable under Sections 449 ,
309 and 302 of the Indian Penal Code. The challenge against
the verdict of guilt and conviction ... offence under Section
302 of the Indian Penal Code. We are satisfied that the
sentences imposed for the offences under Sections 449
punishable under Sections 120B, 143, 147, 148,
449, 323, 302, 294(b), 201, 364 read with Section 149 of the Indian
Penal Code [hereinafter referred ... read with Section
149 of I.P.C. For the offence punishable under Section 302 / 120(B)
read with Section 149 of
punishable under Sections 120B, 143, 147, 148,
449, 323, 302, 294(b), 201, 364 read with Section 149 of the Indian
Penal Code [hereinafter referred ... read with Section
149 of I.P.C. For the offence punishable under Section 302 / 120(B)
read with Section 149 of
