whether conviction
and sentence both under section 279 and section 304 A IPC is
permissible under the law as the latter section ... offence
under Section 279 IPC are liable to be set aside.
As regards conviction under section 338 IPC
aside
the conviction under Section 304 of IPC but convicted under
Section 304 A of IPC. Section 464 of ... petitioner is convicted under
Section 304A of IPC. The conviction under Sections 279 ,
337 , and 338 of IPC are also maintained
conviction recorded under Section 304-A of IPC into one under section 338 of IPC and the conviction recorded under Section ... conviction under Section 304-A is turned out to be not sustainable and the conviction could be recorded only under Section 338 IPC
illegality vitiating the conviction is
demonstrated. Accordingly, Conviction sustained under Sections 279 ,
338 and 304-A IPC; acquittal under Section ... under Sections 323 ,
325 and 504 IPC. There is no reference to any offence
punishable under Section 279 or Section 304-A IPC
learned Magistrate on the basis of conviction of chargesheeted accused Chandrabhan @ Lalla for charge under Section 338 IPC and when complaint was filed ... Magistrate-II regarding closure of case on the basis of conviction under Section 338 IPC. On 06.08.2007 when he filed an application before
Revision Petitioner/accused to base
conviction for the offences under Sections 279 , 338 and 304A of IPC, the
impugned judgements of conviction ... impugned judgements of conviction and sentence recorded
by the trial courts under Sections 279 , 338 and 304A of IPC against the
Revision Petitioner
appeal, confirming the conviction and sentence imposed
against the appellant/accused for the offence under section 338 of Indian
Penal Code, 1860 (for short ... offence under section 338 of IPC and Rs.200/- each for the offence under
sections
learned Sessions Judge, Sirsa though
has set aside conviction under Section 338 of IPC, yet upheld the
conviction of 3 months awarded under ... registered under Sections 279 , 337 and 338 of
IPC. The police after completing investigation filed its final report under
Section 173
months' Simple Imprisonment (SI) for the offence under Section 338 of the
Indian Penal Code, 1860 (for short, ' IPC ... provided as required under Section 207 of the Cr.P.C. The
accused was then examined under Section 251 of the Cr.P.C., where
offence under Section 338 of the Indian Penal Code,
1860 (for short, 'the IPC ') and acquitted him under Section ... while confirming the conviction and
sentence under Section 304-A IPC, set-aside the conviction and
sentence under Section 338 IPC
