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AmIn 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
of Accused - Power of High Court - Scope and ambit of Section 390 - Sections 390 of Criminal Procedure Code (Cr.PC), 1973 - Accused persons after assaulting accountant of Petrol Pump fled away with booty and murdered owner … 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 … of the Rajasthan High 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
Tag this Judgment! AI Brief & AskHori Lal and anr. Vs. State of U.P.
Supreme Court of India
Dec-05-2006
Criminal
Indian Penal Code (IPC) - Sections 141, 142, 149, 302, 307, 324 and 396; Code of Criminal Procedure (CrPC) , 1973 - Sections 161
2007CriLJ1181; JT2007(1)SC290; 2006(13)SCALE174; 2007AIRSCW189; (2007)2SCC(Cri)581; (2007)1Crimes215(SC); 2007LawHerald(SC)110; 2007(1)KCCRSN29.
- Sections 141, 142, 149, 302, 307, 324 and 396 of Indian Penal Code - Section 161 of Criminal Procedure Code (CrPC), 1973 -- Appeal questioning conviction and sentence under Section 302 read with Section 149 - Held, whether accused persons
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
to the occurrence. His statement was recorded by Chief Judicial Magistrate under Section 306 of the Code of Criminal Procedure, 1973 (in short 'Cr. P.C.') and was granted pardon. The case was committed to the Court of Sessions, … 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 … Ram were found guilty and they were involved in the abduction as well as in the occurrence under Section 396 IPC. 33. We shall now deal with the question relating to the pardon.34. So far as pardon portion
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Arjun 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
them were made accused by the orders of the trial court under Section 319 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C.'). Some of the P.Ws were already examined before charge was ordered to be framed … 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 … judgment, the State's appeal 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
Tag this Judgment! AI Brief & AskState 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
position first. Chapter XXIX (Sections 372-394) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') deals with appeals. Section 372 expressly … observed inter-alia as follows:This Court obviously did not and could not add a condition to Section 417 of the Criminal Procedure Code. The words were intended to convey the idea that an appellate court not only shall bear in mind … 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 … Division Bench of the 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
Tag this Judgment! AI Brief & AskState of Maharashtra Vs. Prakash Hiraman Hingane
Mumbai
Apr-07-1989
Criminal
Evidence Act, 1872 - Sections 3; Indian Penal Code (IPC), 1860 - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 396
1989(1)BomCR661; 1989MhLJ626
Criminal - murder - Section 3 of Evidence Act, 1872, Section 302 of Indian Penal Code, 1860 and Section 396 of Criminal Procedure Code, 1973 - respondent and deceased belonged to families which were in possession of adjacently … not guilty. His defence as discernible from the answers given by him when questioned under section 313 of the Criminal Procedure Code and supplemented by a written statement, which is at Exh. 28, is to the following effect :After the … the offence punishable under section 304 Part II of the Indian Penal Code.2. The case against Prakash was that he had deceased Ashok Maruti Chavan
Tag this Judgment! AI Brief & AskAnkush Maruti Shinde and ors. Vs. State of Maharashtra
Supreme Court of India
Apr-30-2009
Criminal
Evidence Act, 1872 - Sections 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 235(2), 354(3), 366 and 376(2); Indian Penal Code (IPC) - Sections 34, 302, 307, 376, 395, 396 and 397; Constitution of India - Articles 19 and 21; Code of Criminal Procedure (CrPC) , 1898
2009AIRSCW4022; AIR2009SC2609; JT2009(6)SC358; 2009(6)SCALE388; (2009)6SCC667; 2009(3)LHSC2081
Court dispose of the reference made by learned Third Adhoc Additional Sessions Judge, Nasik, under Section 366 of the Criminal Procedure Code, 1973 (in short the 'Code') for confirmation of death sentence. While upholding the conviction and the death sentence … the reference made by learned Third Adhoc Additional Sessions Judge, Nasik, under Section 366 of the Criminal Procedure Code, 1973 (in short the 'Code') for confirmation of death sentence. While upholding the conviction and the death sentence … They were also convicted under Section 397 read with Sections 395 & 396 IPC. The accused persons filed the criminal appeals while the State has
Tag this Judgment! AI Brief & AskRai Kumar @ Sonu @ Chandu Vs. State (N.C.T.) of Delhi
Delhi
Apr-24-2007
Criminal
Indian Penal Code (IPC) - Sections 201, 396, 397 and 400; Code of Criminal Procedure (CrPC) , 1973 - Sections 428
2007(96)DRJ102
No. 127 of 2007 stands disposed of accordingly. Criminal M.B. No. 309 of 2007 also stands disposed of. Criminal Procedure Code, 1973Section 389 - Appeal against conviction--Impugned order of conviction set aside and all accused persons acquitted--Appellant failing to … Criminal M.B. No. 309 of 2007 also stands disposed of. Criminal Procedure Code, 1973Section 389 - Appeal against conviction--Impugned order of conviction set aside and … M.B. No. 309 of 2007 also stands disposed of. Criminal Procedure Code, 1973Section 389 - Appeal against conviction--Impugned order of conviction set aside and all … IPC. Further by his order dated 05.04.2006, he has awarded sentence of life imprisonment to the appellant under Section 396 as well as under Section 400 IPC. The appellant was also awarded Rigorous Imprisonment for seven years with
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
Act do not vest him with the powers which are vested in Police Officer under the provisions of the Criminal Procedure Code. The powers given to him under the Village Police Act are limited in their nature and scope and … are not wanted in any other case.21. Appeal dismissed. [A] Indian Penal Code, 1860 - Section 396 - Dacoity with murder - Minimum requirement of … view is fortified by the provisions contained in section 464(1) Cr. P.C. 1973. The said section reads thus:'464. Effect of omission to frame, or absence … stated hereinafter :i) under section 451 read with 34 I.P.C to undergo 3 years rigorous imprisonment; andii) under section 396 I.P.C. to imprisonment for life and to pay a fine of Rs. 1000/- each in default rigorous imprisonment
Tag this Judgment! AI Brief & AskMunna Vs. State of U.P.
Allahabad
Mar-23-1995
Criminal
Uttar Pradesh Dacoity Affected Areas Act, 1983 - Sections 6, 7, 7(2) and 216; Indian Penal Code (IPC) - Sections 148, 149, 323, 324, 396 and 436; Evidence Act, 1872; Code of Criminal Procedure (CrPC) , 1973 - Sections 190, 207, 308, 326 and 482
1996CriLJ65
which are reproduced as follows:6. Jurisdiction of Special Courts - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force, a scheduled offence shall be triable only … follows:6. Jurisdiction of Special Courts - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being … year 1985. At that stage, it was noticed that since the sessions trial involves a scheduled offence under Section 396, I.P.C. under the Dacoity Act, it shall have to be tried only by the Special Court established at
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