under Section 304A IPC, separate sentence
under Section 279 IPC was not required to be passed in view of
Section 71 of IPC ... stands modified
hereasunder:-
Sr. No. Section Sentence Fine Remarks
1. 279 IPC NIL as per NIL NA
Section 71 IPC
Section 26 of the General Clauses Act, 1897. Section 300 of the Code of Criminal Procedure, 1973 and Section 71 of the Indian Penal Code ... convicted under Sub-section (2) thereof." Both the provisions employ the expression "same offence".
Section 71 of IPC is also relevant
Anil Kumar @ Anil Kumar Yadav @ Anil Yadav vs The State Of Bihar on 12 July
Constitution i.e. doctrine of autrefois acquit or Section
300 Cr.P.C. or Section 71 IPC or Section 26 of General
Clauses
appellant herein to commit an offence under Section
417 of the Penal Code."
24. In the present case, the accused company being represented ... Constitution i.e. doctrine of autrefois acquit or Section
300 Cr.P.C. or Section 71 IPC or Section 26 of General
Clauses
double jeopardy of respondents No.2 and
3, as case under Section 182 IPC had already been registered.
14. In Sangeetaben Mahendrabhai Patel Vs. State ... Constitution i.e.
doctrine of autrefois acquit or Section 300 CrPC 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
under section 24 of the rules read with section 71 of India Penal
Code with a prayer to connect ... also referred the provisions of section 340 of
Cr.PC. He further argued that section 71 of IPC is also attracted
in the matter
Supreme Court, taking note of Section 300 (1) CrPC,
has held that as Section 300 (1) CrPC is wider than that of
Article ... Article 20 (2) of the Constitution or Section 300
CrPC or Section 71 of IPC or Section 26 of General Clauses
Act, the ingredients
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