Section 460 in The Indian Penal Code, 1860
460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death
only be dealt with
under Section 460 . Neither the language of
Section 460 nor the scheme of Indian Penal
Code nor logic and common sense ... under
Section 302 IPC. He was not convicted under Section
302 / 149 IPC. He was convicted only under Section 460
Penal Code is an offence which includes theft, extortion or criminal misappropriation, but it is urged that offences under Sections 457 and 460 , Penal Code ... section (e) of Section 239, Criminal P.C.
9. Counsel for the Crown however contended that if offences under Section 457 and Section 460 ,
cannot, be considered to serve as an
exception to Section 302 , Indian Penal Code. If a person
committing house-breaking by night also actually commits ... only be dealt
with under Section 460 . Neither the language of Section 460
nor the scheme of Indian Penal Code nor logic and common
sense
Krishna Kumar Das under Sections 458 , 459 , 326 , 302 and 120B of the
Indian Penal Code, 1860 (for short ‘ IPC ’). However, charge against ... persons were charged under Section 302 read with Sections
149 , 148 and 326 as well as Section 460 IPC. The FIR had been
therefore, the offence committed by the appellants actually falls Under Section 460 , IPC and since the punishment prescribed for offences Under Sections ... identical, they should be convicted for offence Under Section 460 , IPC. According to him, the charge for offence Under Section 459 , IPC
under Section 396 read with Section 397 , IPC.
15. We have to also acquit appellant Edward John Ingal under Section 302 , IPC ... dismissed. His conviction and sentence under Section 302 , IPC and Section 396 r/w 397, IPC is set aside
convicted under Sections 323/34, I.P.C. Both the appellants have been sentenced to 7 years rigorous imprisonment under Sections 460/34, ... appellants were also acquitted under Section 307, however they have been convicted under Sections 460 / 34 , 397 / 34 , 323 / 34 , I.P.C. and have
dated 31.7.1999, registered under
Sections 323/324/325/380/427/460 read with Section 34 of the Indian
Penal Code at Police Station, Barnala ... Accused were charge-sheeted under Sections
323 / 324 / 325 / 427 / 380 / 460 read with Section 34 IPC, to which they
pleaded not guilty
offence under Section 380 , IPC. He, however, acquitted them for offence under Section 302 , IPC, read with Section 460 , IPC ... learned trial Judge has acquitted them for offences under Sections 302 and 460 , IPC, ignoring provisions of Section 114 , Illustration