rioting under Section 146 IPC, punishable under Section 147 IPC, and an
offence punishable under Section 148 IPC also brought ... offence under Sections 143, 144, 147, 148, 324, 325 and 302
read with Section 149 IPC and also under Section 27 of Arms
rioting under Section 146 IPC, punishable under Section 147 IPC, and an
offence punishable under Section 148 IPC also brought ... offence under Sections 143, 144, 147, 148, 324, 325 and 302
read with Section 149 IPC and also under Section 27 of Arms
more offences". Section 31
Cr.P.C. says that subject to the provisions of
Section 71 IPC, Court may pass separate
sentences ... proviso (a) and (b) of sub-section (2) of Section 31
Cr.P.C. In Section 31(1) Cr.P.C., since the word
under section 147 read with 149 IPC . Though the
appellants were found guilty under section 143 and 147 read with section
149 , section ... these ingredients,
no separate sentence was awarded under section 143 IPC as per section
71 IPC. They were sentenced to undergo rigorous imprisonment
convicted and sentenced under Section 143 I.P.C. they should not have been further convicted and sentenced under Section 447 ... committed in furtherance of their common object He has relied on Section 71 I.P.C. for this.
4. I am unable
which are separable offences coming within the provisions of Section 71 of the Indian Penal Code, inasmuch as they are no longer distinct offences within ... that Clause (4) of Section 235 says that nothing contained in this Section shall affect the Indian Penal Code , Section, 71 . It is hardly
could be questioned, is that based upon a consideration of Section 71 , Indian Penal Code, That section can only apply to simple assault which ... separate sentences passed under these sections are, in any way, illegal or in contravention of Section 71 Indian Penal Code. For the same reason
Indian Penal Code, and when combined constituting an offence under Section 147 of the Indian Penal Code. Under the sub-section quoted, therefore, the accused ... offence.
9. Section 235 , however, goes on to say that "nothing in this section shall affect the Indian Penal Code , Section 71
term as used in Section 146 , Penal Code and were consequently guilty of rioting under Section 147 . Penal Code.
12. It is next argued that ... hand, under Section 147 , Penal Code and, on the other, tinder Section 426 / 149 , Penal Code. The very basis of this argument does not appear
offence punishable Under Section 148 IPC, are instead found guilty of the offence punishable Under Section 147 IPC. Each of them having rightly ... offence punishable Under Section 307 / 149 IPC but instead is found guilty of offence punishable Under Section 325 / 149 IPC for which each
