IPC instead of Section 325
IPC, was dismissed.
Vide order dated 09.11.2009, charges were framed under
Sections 325 and 506 IPC ... application
under Section 216 Cr.P.C was filed for altering the charge against the
accused for an offence under Section 308 IPC
308 / 341 / 34 of Indian Penal Code(„ IPC ‟ for short), have been
discharged of the offence under Section 308 IPC ... Magistrate who committed the case to
the Court of Sessions since Section 308 IPC is exclusively triable by
the Sessions Court.
4. Learned
accused to face trial for the offences under Sections 302 / 308 / 323 / 34 IPC.
The learned Metropolitan Magistrate after supplying the copies ... case and accused
in the cross case registered under Sec. 308 IPC in FIR No.828/2005 and
PW-5 Sh. Manoj
After compliance of Section 207 Cr.P.C., the case was
committed to Sessions Court. Charge under Section 308 IPC was
framed against ... firstly discuss about the legal position under the
aforesaid sections of IPC . Section 308 IPC postulates doing of an
act with
After compliance of Section 207 Cr.P.C., the case was
committed to Sessions Court. Charge under Section 308 IPC was
framed against ... basis of which, he recorded FIR no. 308/09 u/s 308 IPC Ex. PW1/A
(OSR). PW2 Smt. Madhu Sehgal deposed
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 ... clear that ingredients of Section107 / 151 Cr.P.C. are totally
different from the ingredients of Section 308 IPC, thus both the
offences
U/s 342 IPC qua wrongful confinement.
42. However, as far as ingredient of offence U/s 308 IPC are concerned ... meted
out U/s 323/324 IPC and for grievous hurt U/s 325/326
IPC . In a sudden flash
Avtar is liable to be convicted under Section 308 and
not under Section 307 of IPC."
32 The ratio of both ... Dayal Chand @ Dal Chand is hereby held guilty under
Section 308 of Indian Penal Code and accordingly convicted.
Announced in the open Court
made out, he
has referred to the provision of section 308 IPC and the
necessary ingredients required to constitute the offence which ... Karawal Nagar 25/31
22. The perusal of Section 308 IPC clearly indicate that in
order to constitute an offence under the said
State Vs Khem Chand
Police Station Khyala
Under Section 308 IPC
Convicted u/s 323 IPC
ORDER ON THE POINT ... Raghubir
Nagar, New Delhi.
Police Station Khayala
Under Section 308 IPC
Convicted u/s 323 IPC
JUDGEMENT
1. Two cross cases
