offence under Section 302 of I.P.C., while appellant S.L. Gulati was found guilty of the offence under Section 326 ... Section 34 of I.P.C. and appellant Rajendra Nath Gulati and Suresh Mandal were also found guilty of the offence under Section 326
therefore, they are guilty for
18
an offence punishable under Section 326 of Indian Penal
Code.
16. The prosecution also examined ... guilty of the offence under Section
326 of Indian Penal Code.
19. We have perused the evidence of P.W.13. In
his evidence
death of the injured, so as to attract
Section 307 of IPC. Even Section 326 is also not
attracted because the so called ... Section 307 read with Section 34 of IPC is hereby set
aside. Further, we convict accused No.1 for the offence
punishable under Section 326
most charge under section 325 of the IPC could
have been framed and not the one under section 326 , IPC.
4. On the other hand ... 326 of IPC reads thus:-
"326. Voluntarily causing grievous hurt by
dangerous weapons or means--Whoever, except
in the case provided for by section
under Sections 227 and 228 of CrPC has been rejected
and charges under Sections 294 , 323 or Section 323
read with Section 34 , 326 ... petitioners for commission of offences under
Sections 294 , 323 or Section 323 read with Section 34 ,
326 or Section 326 read with Section
without referring to Section 34 of IPC. But he has
mentioned or inserted Section 326 of IPC prior to securing
the wound certificate which reveals ... this
Court and the offence would attract Section 324 of IPC and
not Section 326 of IPC. Therefore, the revision petition
filed by accused
read with Section 34 of
IPC, but convicted and sentenced the appellant-accused
No.1 for the offence under Sections 504 , 326 ... nature and thereby the offence
would fall under Section 324 of IPC instead of Section 326
of IPC. Therefore, to that extent the judgment
Station Case No. 283/2011,
whereby said appellant was convicted under Section 326 / 307 IPC for voluntarily causing
grievous hurt upon the victim Chandan Orao ... Simple Imprisonment for
1 (one) year for committing the offence under Section 326 IPC and to undergo Rigorous
Imprisonment for life with fine
326 I.P.C .-CONVICTION UNDER
SECTION 324 I.P.C . INSTEAD OF SECTION
326 I.P.C . CHALLENGE TO-ON FACTS HELD ... would fall under the category of Section 324 of the
I.P.C. and not under Section 326
offences under Sections 307 , 448 , and 354
read with Section 34 of the Indian Penal Code, convicted them for
offence under Section 326 read with ... convicted for offence under Section 324
read with Section 34 of the Indian Penal Code, instead of offence
under Section 326 read with Section
