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
dated 14.12.1999 registered at Police Station Sector 7, Faridabad under Section 452 , 323 , 506 and 34 IPC; FIR No. 436 dated 9.7.2001 registered at Police ... neighbourers of the petitioner. Neither the offence under Section 323 IPC nor Section 452 IPC can be said to be offence of moral turpitude
Sections 354 / 354A / 323 IPC but had discharged the petitioners of the
CRL. REV. P.467/2016 Page 1 of 10
offences under Sections 452 ... against petitioner Nos.2 to
4 under Sections 354 / 354A / 323 IPC or under Section 452 IPC.
28. Clearly, the Revisional Court in the impugned
Hind Vihar, Prem NagarIII, Delhi.
(e) Offence complained of : Under Section 452 / 323 / 34 IPC
(f) Plea of Accused : Pleaded not guilty
(g) Final ... Hari Kishan and
FIR No. 35/2011
PS Aman Vihar
U/Sec 452/323/34 IPC
State Vs Narender & Ors. Page
best, the provisions of section 448 would be attracted, but in no
case, would the provisions of section 452 IPC be applicable on the
facts ... conviction of
the applicants under section 323 read with section 114 IPC, the
conviction under section 452 IPC is altered to one under section
copies to him in compliance of
Section 207 Cr.P.C, a charge U/s. 452/323 IPC was framed
against accused ... accused U/s. 313 Cr.P.C was
Pg no. 4 Contd/-.....
FIR No. 94/98
PS Narela
U/s. 452/323 IPC
State
immaterial, all that the Section requires is that there
should be preparation and not that it should be adequate. Section 452 ... conviction under the
Section.
32. In other words, the appellant is entitled to be acquitted of the
offence under Sections 452
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
aspects convicted all the appellants for offences punishable
under Sections 308 read with Section 149 , 452 , 148 and 427 IPC. No
evidence was produced ... Section 323
read with Section 34 IPC against appellants Gurmail Singh, Bant Singh and
Gurdial Singh and for offence punishable under Sections 148 and 452
sustained under Section 302 IPC, but the
appropriate section under which the accused-appellant ought
to be convicted is Section 304 Part-II IPC .
Since ... offence under Section
302 IPC is altered to Section 304 Part-II IPC and his conviction
under Section 452 and 323 IPC is maintained. Further
