question of prejudice in the background of Section 464 of
the Code of Criminal Procedure, 1973 (in short `the Code'). In
Ramkishan ... Code of
Criminal Procedure, 1898 which correspond
to Sections 215 , 464(2) , 464 and 465 of the
1973 Code, the Court held as under
heading of
charge, the charge is bad under Section 212 of the Code of Criminal
Procedure.
However, I am not in a position to accept ... view of the provision under Section
464 of the Code of Criminal Procedure. Section 464 of the Code
provides to be done in cases where
offence punishable under section 324 of the Indian
Penal Code, provision of section 464 of the Code of Criminal
Procedure needs to be kept ... section further shows that if failure of justice has been caused,
steps as given in section 464(2) of the Code of Criminal Procedure
such offence.
17. Now I must also make a reference to Section 464 , Cr.PC which says that no finding, sentence or order ... provisions as Section 239 are subject to those of Section 235 (1) . The provisions of Sub-sections (2) and (3) of Sec-tion
charges under Section 147 / 323 , I.P.C. read with Section 149 , 1 :P.C. and Section 302 read with Section 149 , ... under Section 148 / 324 , I.P.C. read with Section 149 , I.P.C. and Section 302 , I.P.C. read with Section 149 ,
when the statements of accused under Section 313
Cr.P.C. were recorded. Moreover, under Section 464 Cr.P.C, no finding
Crl. Revision ... when the case of the prosecution was put to
them under Section 313 Cr.P.C., that the occurrence had taken place in
the area
persons with an offence under Section 149 IPC, the
learned trial Judge did not convict them under Section 149 IPC. It is
therefore, argued that ... trial court convicted the appellants for rioting
under Section 147 IPC. Simply because Section 149 IPC is omitted to be
shown in the operative portion
accused persons were charged under Sections 148 , 302 / 149 , 307 / 149 , 326 / 149 , 325 / 149 and 324 / 149 IPC. Second charge relates to murder ... fairly reasonable idea of the case he is to face. Sections 215 & 464 Cr.PC cure every conceivable type of error and irregularity
offences under Section 323 read with
Section 149 of IPC and Section 506 read with Section 149 of IPC, though they
were charged ... offences under Sections 324 read with Section 34 , and 506
10
Dr.GRR, J
crla_533_2013
read with Section 34 of IPC
observed in
paragraph 11 of the judgment, referring to Section 464 (1) Cr.P.C.,
which provides that no finding, sentence or order ... discussed the applicability of Sections
535 and 537 of the Code of Criminal Procedure
1898, which correspond respectively to Section
464
