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Head Note

Indian Penal Code,1860  - Section 391 , Section 396 , Section 302

Dacoity with Murder - Non Framing of Charge of Murder - In absence of a singular charge under section 302, IPC against the appellant sans the assembly, his conviction for dacoity with murder punishable under section 396, IPC, in the facts and circumstances of the case, cannot be sustained in law - Conviction and sentence of the appellant being repugnant to letter and spirit of section 391 and 396 of the IPC, the same is liable to be interfered with - Impugned judgments and orders of the Courts below liable to be set aside and the appellant is acquitted of the charges.

Indian Penal Code,1860  - Section 391 , Section 396

Dacoity with Murder - Non Framing of Charge of Murder - All members of the assembly, would be guilty of dacoity with murder and would be liable to be punished as enjoined thereby - In absence of such an assembly, no such offence is made out rendering the conviction therefor of any person in isolation for murder, even if proved, impermissible in law - To convict such a person of the offence only of murder, if proved otherwise, there ought to be specific charge to that effect.

Topic(s)-Dacoity with Murder - Non Framing of Charge of Murder - Acquittal