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
Section 71 of
IPC.
No. 3 - 307/149 of IPC 10 years 2000/- 30 days RI
Jagmohan RI
324/149 of IPC ... Section 71 of
IPC.
No. 4 - 307/149 of IPC 10 years 2000/- 30 days RI
Khema @ RI
Khemraj 324 of IPC
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
I.P.C. and also under Section 324 , I.P.C. Such sentence under both the sections of law is opposed to Section 71 , IPC ... petitioner that the sentence both under Sections 148 and 324 , I.P.C. is opposed to Section 71 , I.P.C. is not acceptable
Penal Code, as amended by Act VIII of 1882, and in the Criminal Procedure Code , Section 35 , ante, pp. 34-42.
11. Section 71 ... convicted, and punished for offences under Sections 147 , 325 and 152 of the Indian Penal Code. Beading Section 71 of the Penal Code as amended
voluntarily causing hurt under Section 324 of the Indian Penal Code, coupled with Section 149 of the Indian Penal Code. For this offence each ... Section 35 of the Code of Criminal Procedure to receive sentences in respect of each of these offences, unless Section 71 of the Penal Code
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
