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...conviction of the appellant under Section 398 IPC whereunder he has been sentenced to seven years' rigorous imprisonment cannot be sustained. Section 398 IPC gets attracted if at the time of attem...the appellant under Section 398 IPC is not sustainable. Accordingly, the same is set aside.5. The appellant has been convicted under Section 307 IPC too for which he has...appeal, set aside the conviction and sentence of the appellant recorded under Section 398 IPC, but sustain rest of his convictions and sentences. The appellant is on bail. He is required to surrender to his bail bonds....
...' rigorous imprisonment having committed the offence under Section 398 IPC and a fine of Rs. 1000/- was also imposed. Both the sentences were to run concurrently.
5. It is not in dispute....
6. As far as the conviction under Section 398 IPC is concerned, we find that PW.2, Bismillah Begum, the alleged victim, herself has not supported the case of the prosecution. She stated in court...not have been convicted under Section 398 IPC. For the aforesaid reasons, his conviction under Section 398 IPC is set aside and consequentially the sentence. The appellant will be released forthwi...
...(hereinafter to be referred as the trial court) in Sessions Case No.8/2016 (06/2016) whereby the trial court has discharged the accused respondent for the offences punishable under Section 398 IPC. The...under Section 398 IPC.
After going through the impugned orders, I do not find any illegality in the same.
Hence, this criminal revision petition is dismissed.
(VIJAY BISHNO...
...Mukta Gupta, J.:— By this appeal, the Appellant lays a challenge to the judgment dated 7th August, 2001 convicting him for offence punishable under Section 398 IPC and order dated 3rd...has been proved, the Appellant cannot be convicted for an offence punishable under Section 398 IPC. The entire prosecution story is full of contradictions and improvements and hence the Appellant is...whether the ingredients of Section 398 IPC are satisfied in the present case. PW 2 Dharambir in his testimony has stated that on 7th February, 1996 when he was present at the house of Ram Niwas, ⅔ persons...
...A.K PATHAK, J. (Oral)1. Appellant has been convicted under Section 393 IPC read with Section 398 Indian Penal Code, 1880 (“IPC”, for short) as also under...rigorous imprisonment for 7 years with fine of Rs. 500/- and in default of payment of fine, to undergo simple imprisonment of two months under Section 393 IPC read with Section 398 IPC;...only contention is that the offence under Section 398 IPC is not made out in the facts of this case since knife was not used in the commission of crime. He has contended that neither the PW-2 nor PW-3...
...convicted the appellant under Section 398 IPC but this Section speaks about attempt to commit robbery with deadly weapons, i.e at the time of committing robbery, the offender is armed with deadly weapon...the appellant under Section 398 IPC is not sustainable. He is convicted under Section 392 IPC instead of Section 398 IPC.6. The appellant remained in jail during t...facts, period already undergone would be sufficient sentence.7. Consequently, the appeal is allowed in part. The appellant is acquitted of the charges under Section 398 IPC but...
...Court convicted the appellant under Section 398 IPC but this Section speaks about attempt to commit robbery with deadly weapons, i.e. at the time of committing robbery, the offender is armed with deadly...conviction of the appellant under Section 398 IPC is not sustainable. He is convicted under Section 392 IPC instead of Section 398 IPC. ...the charges under Section 398 IPC but convicted under Section 392 IPC and he is sentenced to the period already undergone by him. 8. With the above modifications, the appeal is allowe...
...the offence punishable under Section 398, IPC and ordered to undergo rigorous imprisonment for seven years besides payment of fine of Rs. 7,000/- and in default of payment of fine to undergo further...size of 2 feet 6 inches, which cannot be termed as a deadly weapon, therefore, the applicability of the mischief of Section 398, IPC would be a moot point during the course of appeal. He also contends...the applicant has undergone approximately one year and more than two months. The applicability of the mischief of Section 398, IPC, would be a moot point during the course of appeal. The applicant is...
..., Lucknow in S.T No. 860 of 2010, arising out of Case Crime No. 293 of 2010, P.S Gazipur, District Lucknow whereby the appellant has been convicted under Sections 398 IPC and sentenced to undergo seven years' rigorous imprisonment a...appellant has argued that he is not disputing the prosecution case but his grievance is that the prosecution story as alleged does not make out a case under Section 398 IPC and for the offence under..., 401 IPC and Case Crime no. 294/10 to 297/10 for the offence under Arms Act were registered against each accused. The case was investigated and charge-sheet under Section 398, 401 IPC was filed...
...at Police Station Old Industrial Panipat, District Panipat, under Section 398 IPC (Section 398 IPC has been deleted and Sections 341, 395, 397, 34 and 120-B IPC added later on).
....
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RAJBIR SEHRAWAT, J. (Oral) CRM-43648-2023
1. The present application under Section 482 Cr.P.C., has been filed by the applicant...preponed from 06.12.2023 to today itself and taken on Board for hearing.
CRM-M-43424-2023
5. The present petition has been filed under Section 439 Cr.P.C...
...Sections 120-B, 398, 302/149 IPC and also under Sections 25(1)(c) read with 3 and 27 of the Arms Act, 1959. The trial court convicted all of them for the offence of murder and also under Section 398 IPC. A...-2 Nirappukandathil Kurien was sentenced to death and other three accused were sentenced to imprisonment for life and also to undergo RI for seven years under Section 398 IPC. A-1 and A-2 were...convicted under Section 398 IPC only. Consequently A-4's conviction under Section 302 IPC and sentence of life imprisonment thereunder are set aside. However, his conviction under Section ...
...to robbery was made which was foiled. Thus, Section 398 IPC would be attracted in the facts of the case, as the same provides that if at the time of attempting to commit robbery or dacoity the...facts of the case offence under Section 398 IPC is made out and the same being a minor offence of Section 397 IPC, no prejudice will be caused to the Appellant if the conviction is altered from...Section 397 IPC to Section 398 IPC. The minimum sentence prescribed under Section 398 IPC is also 7 years imprisonment. In the facts and circumstances ...
...I.D Dua, J.— Five persons were tried in the Court of the Additional Sessions Judge, First Court, Monghyr for charges under Sections 395, 307 and 398 IPC All of them were convicted under Section 395...IPC and acquitted of the charge under Section 398 IPC. Accused, Akal Yadav, was in addition convicted under Section 307 IPC and was sentenced to undergo rigorous imprisonment...for life under each count. The other accused persons were sentenced to undergo rigorous imprisonment for ten years each under Section 395 IPC.2. On appeal the High Court set...
...12.01.2010 vide which the appellant was convicted under Section 393 read with Section 398 IPC and under Section 27 Arms Act and also against the Order on sentence dated 21.01.201...vide which the appellant was sentenced to undergo 5 years RI with fine of Rs. 5,000/- for the offence under Section 393 read with Section 398 IPC and in default of payment of...registered under Section 392/394/397/398/411/34 IPC & under Section 25/27/54/59 Arms Act but appellant was sentenced under Section 393 read with ...
...rigorous imprisonment for seven years for the offence under Section 398 IPC, rigorous imprisonment for five years and fine of Rs. 2500/- for the offence under Section 458 IPC and in default of payment...Section 25 of the Arms Act and under Section 398 IPC is not justified and cannot be sustained. Learned counsel for the appellant has referred to the ballistic report (Exhb. PW-9.A). It wa...appellant can be sustained under Section 398 IPC as the weapon in question was not in working order and can be regarded as a “deadly weapon” within the meaning of the said Section. To decide this issue it...
...S.N Aggarwal, J. (Oral)— Aggrieved by his conviction under Section 398 IPC vide judgment dated 27.05.2002 of the Court below, the appellant has preferred this appeal.2...either under Section 397 IPC or under Section 398 IPC as he was not carrying any weapon with him at the time of alleged dacoity. PW-3 Mr. Neelam Kapoor; PW-4 Mr. R.P Kapoor and PW-11 Inspector Ishwar...arguments of this appeal.6. In view of the above admitted factual position, the only question now left for decision is whether the conviction of the appellant under Section 398 IPC can be...
...trial court after considering the material on record found that the case as against the appellant and Jaswant was fully made out. It convicted both the accused under Section 398 IPC and sentenced them to...Section 401 can be less than seven years, that under Section 398 “shall not be less than seven years”. The appellant and the said Jaswant were sentenced to seven years' rigorous imprisonment under Section ...2011 confirming the conviction and sentence of the appellant and one Jaswant under Sections 398 and 401 of the Penal Code, 1860 and Section 25 of the Arms Act. On 18-12-2014 SLP (Cri) No. 10404 of...
...2008 dated 25.09.2008 and sentenced them to undergo RI for seven years for the charge under Section 398 IPC. Aggrieved by the same, the 1stappellant filed Crl. Appeal No.1364 of 2008 and...conviction recorded by the learned Sessions Judge under Section 398 of IPC has to be set aside. Further the witnesses to seizure turned hostile to the prosecution case.
7.... Section 398 of IPC reads as follows:
"398. Attempt to commit robbery or dacoity when armed with deadly weapon.—If, at the time of attempting to commit robbery or...
...2008 dated 25.09.2008 and sentenced them to undergo RI for seven years for the charge under Section 398 IPC. Aggrieved by the same, the 1stappellant filed Crl. Appeal No.1364 of 2008 and...conviction recorded by the learned Sessions Judge under Section 398 of IPC has to be set aside. Further the witnesses to seizure turned hostile to the prosecution case.
7.... Section 398 of IPC reads as follows:
"398. Attempt to commit robbery or dacoity when armed with deadly weapon.—If, at the time of attempting to commit robbery or...
....The facts relevant for disposal of the present appeals are that six persons including the present appellants were tried for commission of offence punishable under Section 398 of the Indian Penal Code (for short “...under Section 398 IPC but appellants Ashok and Ramesh were separately charged for offence punishable under Section 25 of the Act for keeping in possession the aforesaid incriminating weapons and...learned trial Court, on appraisal of evidence adduced by the prosecution and after hearing counsel for the parties held in favour of all the accused in regard to charge under Section 398 IPC but at the...