Constitution Bench held that
Section 429 Code of Criminal Procedure, 1908 (which is same as
Section 392 Code of Criminal Procedure, 1973) contemplates that ... first.
The distinction between the two parts of Section 149 Indian
Penal Code cannot be ignored or obliterated. In every case it
would
report under Section 190(b) Cr.P.C, the learned Magistrate is empowered to take cognizance of an offence. Under Section 209 ... done during cognizance under Section 209 Cr.P.C it would have been done under Section 323 Cr.P.C, which reads as follows
accused.
The accused were charged under Sections 307 / 326 / 324 / 323 /
148 read with Section 149 of IPC to which they ... Recent
Criminal Reports (Criminal) 450 upholding the conviction under Section
326 IPC, this Court while relying upon Bohar Singh v. State
with Section 149), Section 302 (alternatively under
Section 302 read with Section 149) and 307 (alternatively under Section 307
read with Section 149) IPC ... u/s 147,
148, 149, 450 or 450/149, 302 or 302 r/w sections 149, 307
or 307 r/w section 149 IPC
convicted under Sections 302 , 307 , 149 and 34 of
the Indian Penal Code (for short ` IPC ' ); the sentence to life ... Tribes (Prevention of Atrocities) Act, 1989 and under Section 506(2)
read with Section 34 IPC. All the accused were acquitted
Sintu,
under Section 307 for making an attempt to kill Yuvraj, under Section
120-B , 147 , 148 , 149 of IPC against Mahendra ... Singh. The Trial Court also framed
charges under Sections 302 read with Section 120-B of IPC (on 3
counts), 307 read
essential element
for attracting Section 34 of the Indian Penal Code and such
intention could be formed previously or on the spot during ... would be relevant in deciding whether Section 34 of the
Indian Penal Code can be applied to all those who might have
made some
under Section 148,
Section 302 read with Section 149, Section 307 read with
Section 149 and Section 323 read with Section 149 IPC ... under Section 148 and Section 302 read with Section
149 IPC. A-5 was also convicted under Section 323 IPC
offences under Section 302
read with Section 149 of the Indian Penal
Code is correct and is confirmed. But there
is no evidence ... offences
punishable under Sections 143 , 147 and 148
of the Indian Penal Code is correct and
confirmed………. But the finding of the
court below
Indian Penal
Code (for short, the ' IPC ') by the Trial Court was upheld by the High
Court. The sentence ... under section 161
Cr.P.C. recorded on 12.9.1998 could not have been treated as a dying
declaration under section 32 of the Indian
