CRIMINAL) 915, 2012 (3) AIR JHAR R 326, 2012 CRILR(SC MAH GUJ) 506, (2012) 114 ALLINDCAS ... Jagannath Rambhau Shirsath and for
the offence punishable under Section 326 IPC for causing grievous hurt to
Muktabai, wife of deceased – Jagannath.
2. Aggrieved
CALLT 29, (2012) 1 CRIMES 326, (2012) 113 CUT LT 959, (2006) 3 BOM CR 109, (2008) 145 COMCAS 616
Author: Altamas Kabir
Bench: Gyan ... dated 6th June, 2011, under Sections 147 ,
148 , 149 , 448 , 326 , 307 , 302 , 506 , 201 and 120-B of
the Indian Penal Code read with
1999 who has declined to
frame de-novo charge under Section 326 IPC.
The short facts of the case that FIR bearing ... offences
under Sections 147 , 148 , 149 , 459 , 325 , 324 , 323 and
326 and 307 IPC, which was committed to the court of
learned Addl. Sessions
their conviction and sentence
for the offences under sections 143, 147, 148,
326, 302 and 307 read with section 149 of
Indian Penal Code ... choice.
3. When charges for the offences under sections
143 , 147 , 148 , 326 , 307 and 302 read with section
149 of Indian Penal Code were
convicting the
appellant/accused No.1 for the offences punishable under
Sections 326 and 324 of IPC and sentencing him to
undergo ... undergo S.I. for 6 months for the offence
punishable under Section 326 of IPC and further
sentencing him to undergo
parts of the body, and therefore at the most offence
under Section 326 of IPC could be constituted against the
5 Cr.A. No.3420 ... whereas the present
appellants can be convicted for the offence under Section
326 or 324 of IPC . If the offence under Section 307 or 326
Appeal No.158/1997
be convicted for the offence punishable under Section 326 of
I.P.C.
14. It is established by the statement ... therefore, their own
intention can be presumed for offence punishable under
Section 326 of I.P.C. However, it is no where established that
committing the offences punishable under Sections 148 , 326 ,
328 and 377 , read with Section 149 , IPC. Prayer has also been
made for quashing ... ordered to be charge-sheeted
for the offences punishable under Sections 148 , 326 , 328 and
377 , read with Section 149 , IPC.
The brief facts
conviction and
sentence imposed on the appellants under Sections 324
and 326 of I.P.C. by the judgment dated 11/12/2006 ... have
committed the offences punishable under Sections 143 , 147 ,
148 , 323 , 324 , 326 and 308 read with Section
fine of Rs.1000/-each i/d 6 months S.I
4
326 ... were charged for offences under Sec.148 , 452 , 324 r/w 149, 326