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committed to the court of sessions since section 308 IPC is session
triable case.
The case was opened ... benefit of doubt and appeals were allowed.
Moreover, no ingredients of section 308 IPC are made out from
the facts of the case
circumstances of the case.
Whether section 308 section 325 or section 323 of the Indian penal code is
attracted to the present case ... offence under section 323 IPC and not
the offence under section 325 IPC or 308 IPC which is attracted
that no offence u/s 354 IPC is made out.
17.So far as Offence u/s 307 IPC is concerned ... u/s 307 IPC is made out.
But from the perusal of the record so far as offence under section
Sec. 308 IPC
such, you have
committed an offence punishable under Section 308
of 'The Indian Penal Code , 1860' within my
cognizance.
Now I hereby direct ... while inter alia distinguishing between the provisions under
Section 307 IPC and Section 308 IPC as well as of the manner
record falls
short of establishing the requisite ingredients of Section 308 of
Indian Penal Code, though the Appellant is undoubtedly guilty of
voluntarily causing hurt ... with a sharp-edged weapon within the
meaning of Section 324 of Indian Penal Code."
23. Based on a reading of judicial dicta
this
Court, the appellant was convicted for offence under Section 308
and Section 323 / 34 IPC while the co-accused were held guilty ... offence punishable under section 323 IPC.
Accordingly, the respondent is convicted for the offences
punishable under section 323 IPC
tehrir and got
the instant FIR registered under Sections 308 / 34 of the Indian
Penal Code, 1860 (hereinafter referred to as ' IPC ... section and a charge under that section
read with Section 34 ."
(Emphasis supplied)
17. In so far as accountability under Section 308 IPC
down as under:
7. This Court deems it appropriate to reproduce Section 308 IPC,
which reads as under:
SC No. 28370/2016 ... this section."
8. It is clear from the reading of the Section itself that to constitute
an offence under Section 308 IPC
convicted
u/s 224 IPC and 186/353/323/34 IPC .
(ii) Accused Sushil also convicted u/s 324
IPC ... 308 / 186 / 353 / 324 / 34 IPC and 224 IPC .
Section 186 IPC. Obstructing public servant in
discharge of public
para 19 is reproduced hereasunder:
"19. A bare reading of Section 308 IPC would show that to prove the
commission ... Allahabad LJ 308 (312) that where a number of accused were
charged under Section 308 r/w Section 34 of IPC then
