doctrine against double jeopardy, and for the purpose of
section 300 Cr PC, section 71 IPC, and section 26 of the General Clauses ... Constitution i.e.
doctrine of autrefois acquit or Section 300 CrPC or Section 71
IPC or Section 26 of the General Clauses
offence, at all events, falls within the overlapping
areas between Section 429 , IPC on the one hand
and 9(1) read with ... reflected in analogous
provisions of Section 26 of General Clauses Act, 1897;
Section 71 IPC; Section 300 of the
Constitution i.e.
doctrine of autrefois acquit or Section 300 Cr.P.C. or Section
71 IPC or Section 26 of General Clauses
overlapping
areas between of Section 429 IPC on the one hand and Section
9(1) read with Section ... penology and reflected in analogous provisions of Section 26 of
General Clauses Act, 1897; Section 71 IPC; Section 300 CrPC
1973, and constitutionally guaranteed
Section 348 IPC is correct and we uphold the same. As Section 348 IPC takes within its wings the offence under Section ... framed under Section 330 IPC is also justified. Since A1, A3, A6, and A8 have been convicted under Section 330 IPC and each
only under Section 302 IPC but
under Section 120-B IPC apart from Section 201 / 120-B IPC. The
trial Court, however ... such acts.
(5) Nothing contained in this section shall affect
section 71 of the Indian Penal Code (45 of 1860.
Section 220
found
contained in Section 300 CrPC; Section 26 of
the General Clauses Act and Section 71 IPC.
10. Section 300(1) CrPC reads ... Constitution i.e. doctrine of
autrefois acquit or Section 300 CrPC or Section
71 IPC or Section 26 of the General Clauses
view of Section 225 and Section 537 Cr.PC In the instant case now the offence Under Section 307 / 149 IPC is already hold ... offences Under Section 147 or Section 325/149, IPC
20. As the two offences Under Section 147 and Section 325 / 149 , IPC were
that the learned Magistrate ought to have imposed a sentence under each section. Recently a similar point arose before a Division Bench of this Court ... under Sections 65(b) , 65(f) and 66(b) , Bombay Prohibition Act subject of course to the limit imposed by Section 71 , Penal Code, ordinarily
Naresh Agarsinh Chhara @ Nariyo vs State Of Gujarat on 20 April, 2018
Author: Harsha Devani
