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State of U.P. Vs. Awdhesh
Supreme Court of India
Sep-09-2008
Criminal
Delhi Special Police Establishment Act, 1946; Indian Penal Code (IPC), 1860 - Sections 302, 314, 323, 395, 396, 397 and 447; Code of Criminal Procedure (CrPC) , 1973 - Sections 372 to 394, 417, 418, 423 and 423(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 417
2008(12)SCALE288; 2008AIRSCW6344; 2008(4)Crimes30; 2008(6)Supreme505; 2008(5)LH(SC)3550
Allahabad High Court setting aside the conviction of the respondent for offence punishable under Section 396 of the Indian Penal Code, 1860 (in short the `IPC') as was recorded by learned Vth Additional Sessions Judge, Fatehpur. The respondent was … refused, no appeal from that order of acquittal shall lie under Sub-section (1) or under Sub-section (2).9. Whereas Sections 379-380 cover special cases of appeals, other sections lay down procedure to be followed by appellate courts.10. It
Tag this Judgment! AI Brief & AskArjun Mahto Vs. State of Bihar
Supreme Court of India
Aug-13-2008
Criminal
Indian Penal Code (IPC), 1860 - Sections 395 and 396; Code of Criminal Procedure (CrPC) , 1973 - Sections 319
AIR2008SC3270; 2008CriLJ4313; JT2008(9)SC140; 2008(11)SCALE341
was dismissed while in the case of present appellants their conviction was altered from Section 396 of the Indian Penal Code, 1860 (in short the `IPC') to Section 395 IPC. The sentence of Rigorous Imprisonment for life was altered … custody forthwith to serve remainder of their sentence.14. The appeals fail and are dismissed. Criminal - Dacoity - Sections 395 and 396 of the Indian Penal Code, 1860 (IPC) - Twenty accused involved in offence of dacoity
Tag this Judgment! AI Brief & AskShiv Shankar Singh Vs. State of Bihar and anr.
Supreme Court of India
Nov-22-2011
Criminal
Indian Penal Code (IPC), 1860 - Section 395, 396 of 398,; Code of Criminal Procedure (CrPC), 1973 - Section 156 (3), 173, 203, 204
2012(1)KLT7(SN); 2012(1)SCC130; 2012(1)SCC(Cri)513; 2012(2)SCJ291; 2012(2)MLJ(Crl)383; (2012)1SCC130
cognizance taken by the Magistrate vide order dated 2.8.2008 against the respondent no.2 under Section 395 of the Indian Penal Code, 1860 (hereinafter called `IPC') has been quashed.2. Facts and circumstances giving rise to this case are that: A. … 6.12.2004 was lodged by the appellant naming Ramakant Singh and Anand Kumar Singh alongwith 15 other persons under Sections 396/398 IPC.B. However, Kameshwar Singh, the real brother of the appellant and father of Gopal Singh, the deceased,
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Shiv Charan Vs. State of Haryana
Supreme Court of India
Nov-13-1986
Criminal
Indian Penal Code (IPC), 1860 - Sections 395, 396 and 412
AIR1987SC1; 1987CriLJ695; 1986(2)SCALE762; 1986Supp(1)SCC508
his convictions under Sections 395 and 396 of the Indian Penal Code, 1860 cannot be sustained. The learned Counsel has taken us minutely through the … whereby the appeal was dismissed and conviction and sentence for life under Sections 395 and 396 of the Indian Penal Code were confirmed.2. The prosecution case was that one Phool Khan deceased and Allah Baksh P.W. 4 who were … whereby the appeal was dismissed and conviction and sentence for life under Sections 395 and 396 of the Indian Penal Code were confirmed.2. The prosecution case was that one Phool Khan deceased and Allah Baksh P.W. 4
Tag this Judgment! AI Brief & AskSitaram Sao @ Mungeri Vs. State of Jharkhand
Supreme Court of India
Nov-12-2007
Criminal
Evidence Act, 1872 - Sections 114 and 133; Criminal Appeal Act, 1907; Indian Penal Code (IPC), 1860 - Sections 120B, 364, 396 and 412; Code of Criminal Procedure (CrPC) , 1973 - Sections 306
AIR2008SC391; 2008(1)ALD(Cri)131; 2008(56)BLJR242; 2007(13)SCALE51; 2007AIRSCW7126; (2008)3SCC(Cri)319; 2008(1)AICLR302
and upholding the conviction for offences punishable under Sections 364 and 396 read with Section 120B of the Indian Penal Code, 1860 (in short the 'IPC'). In fact, the High Court disposed of two appeals both directed against the
Tag this Judgment! AI Brief & AskKarna Dasharath Mali and Others Vs. the State of Maharashtra
Mumbai
Apr-21-1999
Criminal
Indian Penal Code (IPC), 1860 - Sections 34, 302, 394, 396, 397 and 451; Code of Criminal Procedure (CrPC) , 1973 - Sections 222(2), 313, 378(1) and 464(1)
1999(5)BomCR802; (1999)2BOMLR425; 2000CriLJ1288
after they served out their sentence provided they are not wanted in any other case.21. Appeal dismissed. [A] Indian Penal Code, 1860 - Section 396 - Dacoity with murder - Minimum requirement of 5 person for commission of offence … for commission of offence - No conviction against 4 persons.;That a perusal of the Section 396 of the IPC would show that in order to constitute an offence of dacoity with murder two pre-requisites have to be … appellants and the three acquitted accused were charged for offences punishable under sections 451 read with 34 I.P.C., 396 I.P.C. and 396 r.w. 397 I.P.C.On
Tag this Judgment! AI Brief & AskKaley Vs. the State
Allahabad
Apr-05-1954
Criminal
Indian Penal Code (IPC), 1860 - Sections 396; Arms Act, 1878 - Sections 19
AIR1955All420; 1955CriLJ1144
to appeal to the Supreme Court isrefused. Criminal - murder during course of dacoity - Section 396 of Indian Penal Code, 1860 - villagers pursued escaping dacoits - two dacoits turned around and shot at villagers - one person … passed, and the sentence of transportation for life was the proper sentence against Atri appellant under Section 396, Indian Penal Coder. They were also rightly convicted under Section 19(f) of the Indian Arms Act and each of … evidence of these witnesses, came to the conclusion that a charge under Section 396, Penal Code, was established beyond doubt against both these appellants. He
Tag this Judgment! AI Brief & AskShyam Behari Vs. State of Uttar Pradesh
Supreme Court of India
Oct-05-1956
Criminal
Indian Penal Code (IPC), 1860 - Sections 302, 395 and 396; Code of Criminal Procedure (CrPC) - Sections 423
AIR1957SC320a; 1957CriLJ416
upon him. Criminal - Dacoity - Section 396 for Indian Penal Code, 1860 - Appeal against conviction for offence under Section 396 - Appellant committed … Bhagwati, J.1. The appellant had been charged inter alia with having committed an offence under Section 396, Indian Penal Code in that he on 10/11th day of September, 1954, about two or three gharis before sunrise in village … Bhagwati, J.1. The appellant had been charged inter alia with having committed an offence under Section 396, Indian Penal Code in that he on 10/11th day of September, 1954, about two or three gharis before sunrise … appellant had been charged inter alia with having committed an offence under Section 396, Indian Penal Code in that he on 10/11th day of September,
Tag this Judgment! AI Brief & AskAmar Nath Mallah Vs. State of Bihar
Patna
Mar-26-2004
Criminal
Indian Penal Code (IPC), 1860 - Sections 396
in any other case. Aftab Alam, J. I agree. Indian Penal Code, 1860, Section 396 - Acquittal--Source of identification--Not disclosed in FIR--Doubt about source of … Sessions Trial No. 427/94.2. The sole appellant, Amar Nath Mallah, has been convicted under Section 396 of the Indian Penal Code and sentenced to life imprisonment.3. Briefly, the facts of the case are that on 19th October, 1993, the … Sessions Trial No. 427/94.2. The sole appellant, Amar Nath Mallah, has been convicted under Section 396 of the Indian Penal Code and sentenced to life imprisonment.3. Briefly, the facts of the case are that on 19th October, … No. 427/94.2. The sole appellant, Amar Nath Mallah, has been convicted under Section 396 of the Indian Penal Code and sentenced to life imprisonment.3. Briefly,
Tag this Judgment! AI Brief & AskAmIn Khan Vs. State of Rajasthan and ors.
Supreme Court of India
Feb-25-2009
Criminal
Arms Act, 1959 - Sections 3 and 35; Indian Penal Code (IPC), 1860 - Sections 396; Code of Criminal Procedure (CrPC) , 1973 - Sections 378, 378(3), 379, 390, 396, 411A, 417(2), 427 and 482
2009(57)BLJR1012; 2009CriLJ2266; 2009(3)SCALE391; (2009)3SCC776; 2009(2)LC1008(SC); [2009] 3 SCR 348
Court, Jaipur Bench. Six persons faced trial for alleged commission of offences punishable under Section 396 of the Indian Penal Code, 1860 (in short the `IPC') and Sections 3 and 35 of the Arms Act, 1959 (in short the
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