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
counsel for the applicant submits that the ingredients, as enunciated under Section 308 IPC, are not attracted in the instant matter. Learned counsel ... grievous hurt which could cause culpable homicide as mentioned under Section 308 IPC.
5. Per contra, learned AGA has vehemently opposed the contention
under sections 427 / 34 IPC and
324/34 IPC , but acquitted him for the offence punishable under
section 308 IPC ... this Court, the appellant was convicted for offence under Section
308 and Section 323 / 34 IPC while co-accused were held guilty
their statement under Section 164 Cr.P.C. supported the F.I.R. version. Injured Amir in statement under Section 161 Cr.P.C. stated ... below vide order dated 1.7.2022 under Sections 147 , 148 , 452 , 323 , 307 , 506 IPC.
11. Section 308 IPC reads as under
supplementary charge sheet dated 19.04.2022, showing the offence under previous sections except Section 308 IPC. On the basis of supplementary charge sheet accused ... dated 13.09.2021, on the ground that in the supplementary charge sheet Section 308 IPC has been removed, therefore, fresh cognizance may be taken
High Court is obviously erroneous
because offence punishable under Section 308 IPC postulates
doing of an act with such intention or knowledge ... meted out under Sections 323 and
324 of IPC and for grievous hurts under Sections 325 and 329 of IPC
consequently uphold the framing of charge under Sections 323 / 341 / 34 as
well as Section 308 IPC ... Sections 323 / 341 / 34 IPC.
During the arguments on charge, the Ld. Trial Court (Ld. MM, Tis
Hazari Courts) invoked Section 308 IPC
respondents were ordered to be acquitted for the offences
punishable under section 308 IPC.
2. As per the prosecution, ASI Rakesh ... this Court, the appellant was convicted
for offence under Section 308 and Section 323 / 34 IPC while the co-accused
were held guilty
Mohd. Azmal and Naseem Ahmad injured were medically examined. During investigation Section 308 I.P.C. was added and charge-sheet was submitted under Sections ... injuries. After investigation, the Investigating Officer without any material has added Section 308 I.P.C. According to the prosecution, two persons have suffered injuries
committed offence punishable under Section 379 IPC.
34. Now, coming to the Charge framed under Section 308 IPC.
On the scrutiny ... held guilty for offence punishable under Section 323 IPC
and not under Section 308 IPC." The same principle
