1997 (7) TMI 694

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...., wherein the following statement of law has been made: Section 109, I.P.C. is by itself an offence though punishable in the context of other offences. A-4 suffered a trial for substantive offences under the Indian Penal Code and Abkari Act. When his direct involvement in these crimes could not be established, it is difficult to uphold the view of the High Court that he could lopsidedly b....

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....nce under Section 302, I.P.C. sentencing him to life imprisonment (whose appeal has abated) and convicting Wakil Yadav, appellant, for offence under Section 302 read with Section 109, I.P.C. It is undisputed that no charge was framed against the appellant with the aid of Section 109, I.P.C. This Court's view above-stated is that Section 109, I.P.C. is a distinct offence. The afore-extracted st....