under Section 353 ,Indian
Penal Code is based are the same as those
constituting the charge under s. 186 ,Indian Penal
Code but it cannot ... servant in
the discharge of his public functions but
under Section 353 , Indian Penal Code the
ingredient of assault or use of criminal force while
Section 186 IPC provides
punishment for causing obstruction to any public servant while
discharging of his public functions. Section 332 IPC ... deter person
from discharging his duty as such public servant. Section 353 IPC
provides punishment for assault or using of criminal force
other section of the Indian Penal Code , though
in truth and substance the offence falls in the category of
sections mentioned in Section 195 , Criminal ... conceded that charge on the facts of
this case under Section 353 Indian Penal Code
is not made out because the public servant
section 186 applies to a case
where the accused voluntarily obstructs a public servant in the discharge
of his public functions, section 353 IPC ... makes
the following observations: -
OFFENCE U/S. 332 IPC
a) To prove offence u/s. 332 IPC against the accused
offences punishable under Sections 147 , 341 , 353 , 188 and 506 read with
Section 149 of IPC.
2. L.W.1 Barika Ganeshwara ... petitioner are punishable under Sections 147 , 341 , 353 , 188 and 506 read
with Section 149 of IPC. The present report is lodged
report of the RDO for the
offence under Section 353 IPC against the 2nd respondent and
he was arrested and submitted to judicial ... cognizable offence for the offence
under Section 353 IPC at the office of the RDO while he was
discharging the duties from what
report of the RDO for the
offence under Section 353 IPC against the 2nd respondent and
he was arrested and submitted to judicial ... cognizable offence for the offence
under Section 353 IPC at the office of the RDO while he was
discharging the duties from what
under
Sections 353 , 186 , 427 , 506 , 148 of the Indian Penal Code (' IPC ' - for
short) and Sections ... else.
There is no dispute that in the present case only Section 353
IPC is non-bailable and the occurrence is alleged
IPC &
U/s 353/34 IPC
G. Plea of the Accused : Pleaded not guilty
H. Order reserved on : Not reserved ... Convicted U/s186/332/34 IPC &
U/s 353/34 IPC
J. Date of such order : 07.05.2018
Brief Facts
undergo SI for 3 months u/s 186 IPC,
SI for six month for offence u/s 353 IPC ... injured Ct. Jai Pal u/s 294 CrPC.
The appellants were examined u/s 313 Cr.P.C. Their defence is of
denial simplictor. However
