Section 190 Cr.P.C. before the
learned Metropolitan Magistrate. Status report was called from the police
which revealed that no offence under Section 308 ... Sessions, by the
impugned order, the petitioners were charged under Section 308 IPC also.
5. The petitioners' counsel urged that ingredients
application under Section
156(3) Cr.P.C., however, the same was dismissed by the learned Trial
Court stating that Section 308 IPC ... earlier moved an
application under Section 156 (3) Cr.P.C. whereby prayed that Section
308 IPC be added. Same was dismissed. However
injuries are simple in nature and no case for offence under Section 308 IPC is made out. The doctor has not opined that ... view that in the present case, Section 227 Cr.P.C. is relevant and from Section 227 Cr.P.C. two things are clear. First
Kalan, Delhi, for the offence punishable under Section 308 / 34 of
Indian Penal Code, 1860 („ IPC ‟), whereby charges have been framed
Signature ... clear from the reading of the Section itself that to
constitute an offence under Section 308 IPC, the
following conditions should be fulfilled
dated 01.03.2016 under Sections
341 , 323 , 427 , 379-B , 148 , 149 IPC ( Section 308 IPC was added later on,
however, Sections ... dated 01.03.2016 under Sections
341 , 323 , 427 , 379-B , 148 , 149 IPC ( Section 308 IPC was added later
Sections 325 , 341 ,
427 , 148 , 149 , 506 , 308 IPC ( Section 308 IPC deleted later on) and also
a cross-case under ... Sections 325 , 341 , 427 , 148 , 149 , 506 , 308 IPC ( Section 308 IPC deleted
later on) and also a cross-case under
case FIR No.179,
dated 29.08.2017, under Sections 323 / 341 / 148 / 149 IPC ( Section 308 IPC
was added subsequently), registered ... dated 29.08.2017 registered under
Sections 323 , 341 , 148 and 149 IPC ( Section 308 IPC was
added lateron) at Police Station Bagha
Hence, the prosecution has failed to prove the charge u/s
308 IPC against the accused persons. He further submitted that ... Section 161 Cr.P.C.
He further deposed that on the basis of statement of Satender, after discussion with
senior Officers, Section 308 IPC
sufficient, in
the ordinary course of nature to cause death, Section 308 IPC would not
apply. It depends upon the facts and circumstances ... whether in a particular
case, the accused can be proceeded under Section 308 IPC.
29) In Surinder Kumar v State
PURI
UNDER SECTION: 341/323/34 IPC
CHARGE SHEET FILED UNDER SECTIONS: 341/323/34 IPC
COGNIZANCE: 308 IPC ... High Court the appellant was
convicted for offence under Section 308 and Section 323 / 34 IPC while co-accused
were held guilty
