lesser offence under Sections 308 / 34 of the Indian Penal
Code, 1860 (hereinafter ' IPC ') instead of Sections 307 / 34 IPC ... Section 307 IPC, the act must be such as would amount to
murder under Section 300 IPC. Whereas under Section 308
sentenced for the offence
punishable under Sections 308 , 341 and 323 read with Section
34of the Indian Penal Code, 1860 (the IPC ... acquitted under Section 235(1) Cr.P.C. for the
offence punishable under Section 308 IPC. The conviction and
sentence for the offences
CRLR-189/2026]
failed to frame charge under Section 308 of the Indian Penal
Code against the accused/respondents.
FACTS IN BRIEF
3. Both ... injuries is simple or, at best, falling within
Section 325 IPC.
34. Section 308 IPC postulates the existence of intention
CRLR-189/2026]
failed to frame charge under Section 308 of the Indian Penal
Code against the accused/respondents.
FACTS IN BRIEF
3. Both ... injuries is simple or, at best, falling within
Section 325 IPC.
34. Section 308 IPC postulates the existence of intention
under Sections 147 , 323 and 504 I.P.C. After investigation, the charge-sheet was initially submitted under Sections 147 , 323 and 504 ... accused persons for offences under Sections 147 , 323 and 504 I.P.C.; however, the offence under Section 308 I.P.C. was not found
undergo five
years' rigorous imprisonment for the offence punishable under
Section 308 IPC.
6. Learned counsel appearing for the Appellant submits that ... clear overt act attributable to the present
Appellant, the conviction under Section 308 IPC could not have
been sustained.
10. Learned counsel further
Section 200 Cr.P.C., cognizance has been taken
against the petitioners for the offence under Section 201 , 308 &
120-B IPC ... petitioners is the offence under Section 308 IPC.
Section 308 IPC states that whosoever does any act with such
intention
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
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
prosecution of accused for the offence punishable
u/s 308/394/397/34 of Indian Penal Code (hereinafter referred
to as IPC ... offence under section 392 / 394
IPC against the accused. Accordingly, accused is acquitted for
charge under section 392 / 394 / 34 IPC
