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ALLAH RAKHA versus STATE


Crimes under Sections 302/34 and 307/34 Criminal Code (v. 1898), seven years of imprisonment under Section 555 Directive and 7 years RI under Sections 302, PPC and 307, PPC, respectively. Was sentenced. However, the apex court changed the death sentence of a co-accused found under section 2302, PPC, to life imprisonment and at the same time ordered him to be executed along with death sentence under section 730 imprisonment. That was, after jointly prosecuting the PPC accused and the aforementioned co-accused, the interest of justice required that the two accused be treated equally in the matter of conviction. The High Court is authorized to pass such an order under Section 561A, CRPC, in exercise of its inherent powers. Under section 2302, PPC, the accused was sentenced to life imprisonment and consequently ordered to serve a seven-year sentence as well. I am under section 307, PPC

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