further
modified the conviction and sentence under Section 307 read with
Section 34 IPC to one -under Section 324 IPC and accordingly reduced
the sentence ... conviction under Section 307 IPC read with Section 34 IPC to Section
324 IPC.
12. As regards the charge under Section 452 IPC, the High
offence punishable under- Section 307 for making an attempt to commit murder and murderous assault on Jasuben. The conviction under Section 452 shall stand confirmed ... life under Section 302 , IPC.
50. The trial Court, while imposing sentence for the offences under Sections 324 and 452 noted the following aspects after
offence under Section 302 read with Section 34
of Indian Penal Code and all the accused guilty
of the offences under Sections 452 ... appellants for the offence
under Section 302 read with Section 34 and
Section 341 read with Section 34 of Indian
Penal Code, cannot be sustained
Kothalkar from Section 452 read with Section 149 of the
Indian Penal Code and altered it to Section 452 read with Section ... Kisan Shirsat @
Paparkar on both the counts namely Section 302 read with Section 149 and
Section 452 read with Section 149 of the Indian Penal
Section 149 of IPC; Section 342 read with
Section 149 of IPC; Section 324 read with Section 149 of IPC;
Section 326 read with Section ... Section 342 read
with Section 149 of IPC; to undergo imprisonment for two
years for the offence punishable under Section 324 read with
Section
under Section 452
IPC, but framed charge under Section 450 IPC. The offence under
Section 452 IPC is a cognate offence of Section ... sentence under Section 307 IPC is set aside
[25] In so far as the sentence is concerned, Sentence under
Section 452 IPC is reduced
follows:-
Sl. Accused Conviction Sentence
No.
1. Accused no.1 - Sections 452 , Section 307 - Life
Sri.Krishnappa 307 r/w 34 of Imprisonment and fine ... default S.I for a period of
one year.
Section 452 - R.I for 2
years and fine of
Rs.1000/- and in default
offence punishable under
Section 324 IPC.
Accused No.2 was convicted for the offences punishable
under Sections 148 , 452 and 326 IPC and was sentenced ... offence punishable under
Section 324 IPC.
Accused No.5 was convicted for the offences punishable
under Sections 148 , 452 and 302 IPC and was sentenced
learned trial court under Sections 307 and 325 of the Indian Penal
Code, but acquitted for the charge under Section 452 of the Indian
Pending ... dated 16.12.2000) corresponding to G.R. No.985 of 2000
under Sections 452 , 323 , 324 , 325 and 307 of the Indian Penal Code
against
appellant was convicted and sentenced along with the first accused, under Sections 452, 324 and 302 I.P.C.
2. The case came ... offence under Section 302 I.P.C. and imposing a fine of Rs.500/- for the offence under Section 452 I.P.C. in default
