application in terms of Section 216
Cr.P.C. so as to get the charge altered from Section 308 IPC to Section ... There is very fine distinction between offence under
Section 307 IPC and Section 308 IPC mainly as regards the intention
charges against the applicants under Section 147, 323 read with Section 149, 504, 506, 308 read with Section 149 I.P.C.
3. Brief facts ... order dated 10.04.2024, it is stated that no offence under Section 308 I.P.C. is made out. To substantiate this, counsel for the applicants
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
Dhari are
facing trial for the offences u/s. 323 / 308 / 34 of the Indian Penal
Code, 1860 (in short ' IPC ... section 323 IPC. Henceforth accused Ram Dhari is acquitted of
offence punishable u/s. 308 IPC and convicted under section
simple in nature and convicted the accused u/s 323 IPC and
not u/s 308 IPC.
57. In this case ... injury was caused by dangerous weapon to
attract Section 324 IPC.
63. Section 222 Cr.PC. When offence proved included in
offence charged
308/506 (Part II)/34 IPC of the Indian Penal Code ,
1860 (in short ' IPC ').
BRIEF FACTS ... deliberate intention having such outrage
alone for its object.
10.6 Section 308 IPC deals with attempt to commit culpable
Digitally signed
by
GEETANJALI
Date of Judgment : 24.12.2024
Final Order : Convicted u/Sec. 308/34
IPC
JUDGMENT
1. Succinctly stated, the case of the Prosecution is that ... homicide not
amounting to murder, as punishable under Section 308 read with
Section 34 IPC ?
II. Whether the Prosecution proved that
prosecution filed the present charge sheet under
Section 308 / 34 of the Indian Penal Code, 1860 (hereinafter
referred as " IPC ").
Digitally ... held guilty for offence punishable under Section 323
Digitally signed IPC and not under Section 308 IPC." The same principle
IPC
Both accused are
convicted for offence
u/s 323/506(Part-)/34 IPC
FIR No. 63/2017
U/s 308 ... compliance
of Section 207 CrPC, case was committed to the Sessions Court.
B: CHARGE FRAMED AGAINST ACCUSED :-
4. Charge under Section 308 / 323 / 506 (Part
acquitted of the offences punishable under Section
186 / 353 / 332 / 34 IPC.
Offence under Section 308 / 34 IPC ... accused was held guilty for offence punishable under Section 323
IPC and not Section 308 IPC. The Hon'ble Supreme
