Section 307 IPC and it is only a typographical error and instead of Section 307 IPC, the offence under Section 308 ... first appellate Court against A-1 under Section 308 read with 109 and under Section 308 IPC against A-2, is confirmed
High Court is obviously erroneous
because offence punishable under Section 308 IPC postulates
doing of an act with such intention or knowledge ... meted out under Sections 323 and
324 of IPC and for grievous hurts under Sections 325 and 329 of IPC
under Section 161 of Cr.P.C. would clearly prove that there are materials available to frame the charge under Section 308 of ... confirm the conviction either for the offences under Section 304 or for Section 308 IPC. As a corollary we set aside the conviction
under Sec. 308 whereas punishable for simple hurt can be meted out under Sec. 323 and 324 and for grievous hurt under Sections ... I.P.C. to Conviction under Sec. 324 I.P.C.
14. Thus, partly allowing this appeal, the Conviction under Sec. 308 Part II
308 of IPC. There is specific provisions in the
Indian Penal Code that traffic accidents attract the offence under Section ... Supreme Court invoking Section 304
Part-2 of IPC and Section 307 of IPC altered to Section 308 of IPC
further period of three months simple imprisonment for the
offence under Section 308 I.P.C. Challenging the said judgment of
conviction and sentence ... offence under Section 323 I.P.C and no ingredients
of Section 307 I.P.C would attract. Conviction under Section 308
ingredients of Section
299 I.P.C., then he could be punished under Section 308 I.P.C.
14.Here, in this case ... second limb of
Section 299 of the Indian Penal Code, but, it will fall within the third limb
of Section 299
fourth limb of Section 300 IPC, the accused is liable to be punished under Section 304-II IPC, for having caused ... within the fourth limb of Section 300 IPC and within the fourth exception to Section 300 IPC. Thus, the attempt made
Crime No.192 of 2019 for the offences under Section 308 of IPC as
against the petitioner herein. Even according to the complainant ... absolutely no prima facie material to attract the offences under Section 308 of
IPC. While the petitioner was returning after his regular event
alcohol. Further, there is no
material to invoke the provisions of Section 308 I.P.C, since, to constitute an
offence under Section 308 ... investigation, charge sheet was filed for the offences under Section 304
Part -II, 308 IPC (8 counts) and Section 3(1) TNPPDL
