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Showing contexts for: 338 indian penal code in State vs . Satbir Singh @ Monu on 15 September, 2022Matching Fragments
2. On the basis of the investigation carried out by the police, chargesheet was filed under section 173 Cr.P.C in the court on 30/06/2012 and chargesheet and other relevant document were supplied to the accused in compliance of section 207 Cr.P.C to the satisfaction of the accused.
3. Notice for committing the offence punishable under section 279/338 IPC and under section 146/196 & 39/192 MV Act was served upon the accused on 14/08/2014 to which accused pleaded not guilty and claimed trial. Thereafter, the matter was fixed for PE.
Issues to be decided:
7. Before proceeding further, as per mandate laid down under Section 354 (1) (b) Cr.PC following are the points of determination which are necessary to consider in order to arrive at a conclusion:
(1). Whether accused Satbir Singh has committed the offence for rash driving or riding on a public way under section 279 IPC ?
(2). Whether accused Satbir Singh has committed the offence causing grievous hurt by act endangering life or personal safety under section 338 IPC?
9. "Whether accused Satbir Singh has committed the offence causing grievous hurt by act endangering life or personal safety under section 338 IPC?"
Let us peruse the provision of Section 338 IPC, which is as under : Section 338: Causing grievous hurt by act endangering life or personal safety of others: Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
(ii) The standard of proof to prove a defence plea is not the same as that which rests upon the prosecution. Where the onus shifts to the accused, and the evidence on his behalf probabilizes the plea he will be entitled to the benefit of reasonable doubt".
12. In the present case the charge for the offence U/s 279/338 IPC and 146/196 & 39/192 MV Act has been framed against accused. Before appreciating the evidence, let us first discuss relevant legal provisions given under Indian Penal code. In the present case, prosecution is required to prove the following ingredients to establish the guilt of the accused for the offences punishable under section 279/338 IPC that: