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
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
sentenced in the manner stated hereinafter:--
(i) All the appellants under section 452 r/w 149 I.P.C . to undergo 3
years ... Dagadu Naikawadi and Raja Kothalkar (Rajendra Kothalkar), for the offence under section 452/34 I.P.C.
12. In the instant case, in trial Court
offence of murder under Section 302 read with Section 34 IPC and for the offence of trespass under Section 452 IPC. The Sessions Court sentenced ... regard to the charge under Section 302 read with Section 34 , IPC. The charge under Section 452 is a minor or rather a secondary charge
filed in FIR No.539 of 2019, under Sections 452 , 427 , 504 , 323 , 395 , 448 , 120-B and 412 IPC, Police Station Kotwali, District Rampur ... Sections 427 , 504 , 323 , 395 , 304 and 448 IPC, Police Station Kotwali, District Rampur;
4. Case Crime No.531 of 2019, under Sections 452
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
State vs. Kareem and others ), under Sections 452 , 302 / 34 , 506 IPC, P.S. Mansoorpur, District- Muzaffar Nagar, convicting accused (Kareem, Shahjad, Wajid) for offences ... against Kareem under Section 25 / 27 of the Arms Act in Case Crime No.469/2012. Charge-sheet under Sections 452
respondent contended that the said section is not attracted because, a plain reading of Section 452 would make it clear that it is applicable only ... Sections 333 of the IPC A4 is sentenced to undergo R.I. for a period of one year.
33.4 For the conviction under Section 452
from section 448 to various other provisions in the IPC . For
5
Cr.R. No. 98/2012
commitment of offence under section 452 ... which falls within
the purview of section 451 of IPC and not within the purview of
section 452 of IPC.
8. However, there is concurrent
learned
Magistrate framed the charges only under Section 323 IPC and
not under Section 452 IPC. The ground for not framing the
charges under Section ... treated as a dwelling unit and an offence under
Section 442 IPC read with Section 452 IPC is made out. The
learned Magistrate
