Section 148 and Section 326 read with Section 149 and certain others under Section 147 and Section 326 read with Section 149, Penal Code ... together. Sub-section (4) of this section, however, says : "Nothing contained in this section shall affect the Indian Penal Code , Section 71 ." Section
passed under both Sections. For this contention he places reliance on Section 71 of the Indian Penal Code.
6. Before discussing the provisions of Section ... subsection (4) of Section 235 says that:
"Nothing contained in this section shall affect the Indian Penal Code , Section 71 ."
Thus, there
separate sentences under Section 147 and Sections 325 and 149 , Indian Penal Code, are illegal under the first paragraph of Section 71 even when they ... amendment of Section 35 , Criminal Procedure Code, which section is still subject to the provisions of Section 71 , Indian Penal Code.
11. The separate sentences
rioting was the hurt itself, offends against the provisions of Section 71 , Indian Penal Code. A different opinion, however, has been expressed by Wallace ... found by a Bench of this Court to be settled, Section 71 , Indian Penal Code, can have no application. I would hold, then, that
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
Constitution i.e.
doctrine of autrefois acquit or Section 300 Cr.P.C. or Section
71 IPC or Section 26 of General Clauses
Section 147, Penal Code, and sentenced to a fine of Rs. 40 and under Section 323, Penal Code, read with Section 149, Penal Code. They ... essential ingredient under Section 147 , Penal Code, and to convict the accused again under Section 323 , Penal Code, and to punish them thereunder
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
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
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
