1997 (7) TMI 694

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..... s 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 be taken to have answered the charge of abet .....

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..... ing 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 statement of law is clear on the point. .....

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