same, therefore, the prosecution of
Accused No.1 is hit by Section 300 Cr.P.C. and Article
20(2) of the Constitution of India ... Constitution
i.e. doctrine of autrefois acquit or Section 300
Cr.P.C or Section 71 IPC or Section 26 of the
General Clauses
held that accused has committed the offences
punishable under Sections 279 , 337 and 338 of IPC. I do
not find any legal or factual ... under Sections 337 and 338 of IPC can also be
convicted for the offence under Section 279 of IPC.
Section 71 of IPC
dead & thereby committed an offence punishable
u/s.380 of IPC ?"
12. The learned Magistrate in the course of the
judgment ... Constitution i.e. doctrine of autrefois
acquit or Section 300 CrPC or Section 71 IPC or
Section 26 of the General Clauses
Section 13(2)
read with Section 13(1)(d) of the Act, as held by
the High Court is clearly unacceptable. Section
71 IPC ... such acts.
(5) Nothing contained in this section shall
affect Section 71 of the Indian Penal Code (45 of
1860)."
7. The crucial question
police cannot invoked
Sections 419 and 420 of the Indian Penal Code as a
synonymous provisions which confirmed in Sections ... Sections 66(C)
and 66(D) of the IT Act have any over-riding effect on
Sections 419 and 420 of Indian Penal Code
opinion, the Trial Court
has not looked into the provision under Section 71 of
I.P.C. Section 71 of I.P.C. reads ... both the provisions.
9. Therefore, in my opinion, in view of Section 71 the
Trial Court ought not to have sentenced the accused for
both
Mahesha vs State By Malebennur Police on 22 July, 2021
Bench: B.Veerappa , V Srishananda
KATTIMANI, AGA)
THIS CRIMINAL APPEAL IS FILED U/SEC. 374(2) OF CR.P.C. (SEC.
415(2) OF BNSS, 2023,) SEEKING TO CALL ... DHARWAD IN S.C.NO. 71/2020 FOR THE OFFENCES P/U/SEC.
302, 307 AND 506 OF IPC AND SET THE APPELLANT
offences, the court may, subject to the
provisions of Section 71 of the Penal Code, 1860,
sentence him for such offences, to the several
punishments ... trial. Section 31(1) deals
with and empowers the court to award, subject to the
provisions of Section 71 IPC, several punishments prescribed
offences, the court may, subject to the
provisions of Section 71 of the Penal Code, 1860,
sentence him for such offences, to the several
punishments ... trial. Section 31(1) deals
with and empowers the court to award, subject to the
provisions of Section 71 IPC, several punishments prescribed
