simple imprisonment
for a further period of two months under section 338 IPC. Out of the fine
amount, if realized ... thereby the accused committed the offences punishable
under sections 279 and 338 IPC.
3. The accused on appearance before the trial court, pleaded
indictment of an accused under
S.304 Part II and S.338 IPC can co - exist in a case of
single rash ... 338 IPC. The two charges under S.304 Part II IPC and
S.338 IPC can legally co - exist
against the accused for the offences punishable under Sections
279 , 337 , 338 IPC and Section ... accused guilty of the offences punishable under Sections 279 and
338 IPC and Section 3(1) r/w Section 181 of Motor Vehicles
Mannuthy police for
offences punishable under sections 279 , 337 and 338 IPC. After
investigation, final report was laid on 31/3/2012 ... with fine
for offences punishable under sections 279 , 337 and 338 IPC. It is
stated that fine was remitted
trial court,
and he was convicted under Sections 279 , 337 and 338 IPC.
On conviction he was sentenced to undergo simple
imprisonment ... Rupees One thousand only) under Section 338 IPC.
2. Aggrieved by the conviction and sentence the
revision petitioner approached the Court of Session
IPC
Crl.R.P. 694/01 3
and sentence under sections 279 and 304A IPC, but modified sentence
under sections 338 ... three
months and sentence imposed by the trial court under sections 338 IPC i.e.,
rigorous imprisonment for one year, which was modified
fine
of Rs 1,000/- (Rupees One thousand only)
u/s.338 IPC and in default of payment of fine to
undergo Rigorous ... trial court
that the accused committed the offence
punishable under Section 338 of IPC is
justifiable?
3. Whether the finding of the trial
alleging offences under
Sections 279 , 338 and 304 A of Indian Penal Code ( IPC ) before the
Judicial Magistrate of the First Class, Alathur ... rigorous imprisonment for one year each under Sections 304 A and
338 IPC and rigorous imprisonment for three months under Section
279 IPC
sentence imposed on
him under Sections 279 , 337 , 338 and 304 A of the Indian Penal
Code.
2. The prosecution alleged that the accused drove ... commission of offence punishable under Sections 279 , 337 , 338
and 304(A) of the Indian Penal Code.
2. The prosecution case against the petitioner
fine of Rs.1,000/- under Section 338 IPC and
rigorous imprisonment for a period of one year and to pay a
fine ... fine of Rs.1,000/- under
Section 338 IPC and simple imprisonment for a period of
four months and to pay a fine