Section 86 in The Indian Penal Code, 1860
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—
In cases
Calcutta High Court confirming the
conviction of the appellant under Section 302 IPC and the
sentence of imprisonment for life ... XIII. The statement of the accused
appellant under Section 313 Cr.P.C. was recorded in which
he took the stand that he was innocent
offences under Section 366 and Section 376(2)(f) of Indian Penal Code. Vide order of sentence dated 5th February, 2002, the appellant ... default, simple imprisonment for one year for the offence under Section 366 , IPC. Both the sentences are to run concurrently with
Amit Talukdar, J.
1. Impact of Section 86 of the Indian Penal Code (for short, the IPC ) if felt, then ... conviction against the appellant in respect of Section 302 IPC could not be sustained.
8. Learned Amicus further took us through
witnesses were recorded and after completion of investigation, challan
u/sec. 173 Cr.P.C was presented against accused Mohd. Sultan
@Guddu and supplementary challan ... examination of accused u/s 313 Cr.P.C.
11.During examination of accused Mohd. Sultan @ Guddu u/s 313 Cr.P.C
he controverted
second ground, which led to crime case No.
248/86 under section 307 , I.P.C., and crime case no. 249/86
under section ... occurred on
3. 10.1986, the Crime Case No. 248/86 under section 307 ,
I.P.C. and the Crime Case No. 249/86 under section
Agarwal,J.)
1. Present reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen assailing judgment ... thereby committed an offence punishable u/s 302 of the Indian Penal Code and within my cognizance.
And I hereby direct that
Agarwal,J.)
1. Present reference under Section 366 Cr.P.C. and Capital Case under Section 374(2) Cr.P.C. have arisen assailing judgment ... thereby committed an offence punishable u/s 302 of the Indian Penal Code and within my cognizance.
And I hereby direct that
fell
under section 302 of the Indian Penal Code or section 304 of the Indian Penal Code having
regard to the provisions ... section 86 of the Indian Penal Code. Section 86 which was
elaborately considered by the High Court runs in these terms:
"In cases
chargesheeted by CBI, for committing offences punishable u/s
419 / 420 / 467 / 468 / 471 / 120B IPC.
3. Appellant shall be referred ... Thereafter, proceedings u/s 207 Cr.P.C were
concluded and after hearing arguments on charge, accused was
charged with offences punishable