State Of M.P. & Ors vs Sanjay Kumar Pathak & Ors on 10 October, 2007
13. But in the instant case, accused persons failed to satisfy
SC No. 15 of 2008 Page no. 9 of 16
State Vs. Sanjay & others
the pre-conditions of Article 20 (2) as well as Section 300 of the
Code of Criminal Procedure because the ingredients of Section
107/151 Cr.P.C. for which above two accused had faced the trial is
totally different from the ingredients of offence punishable under
Section 308 IPC. Under Section 151 Cr.P.C. a police officer is
empowered to arrest any person without warrant if he thinks that the
arrest is indispensible to prevent him from committing a cognizable
offence. Under Section 151 Cr.P.C. a person can not be detained for a
period beyond 24 hours. On the contrary Section 308 deals with the
cases of attempt to commit culpable homicide not amounting to
murder and maximum punishment is provided seven years or with
fine or with both. Admittedly, Sepecial Executive Magistrate neither
competent to try the accused for the offence punishable under
Section 308 IPC nor tried the accused for the said offence. It also
becomes clear that ingredients of Section107/151 Cr.P.C. are totally
different from the ingredients of Section 308 IPC, thus both the
offences are quite distinct in nature and there is no similarity.
Accordingly, I am of the opinion accused persons are not entiled for
the protection available under Section 300 Code of Criminal
Procedure.