perusal of the aforesaid Section would show that the following elements
are essential to constitute an offence under Section 328 I.P.C. :
(i) Some ... 328 read with Section 34 IPC, offence u/s 379 IPC read
with Section 34 IPC is also made out against
IPC & 363 IPC and for the sake of
convenience both sections are reproduced as under :-
Section 361 IPC:-
" Whoever takes ... u/s 341 / 323 / 34 IPC too. The ingredients of these sections
FIR no.524/05
U/s 323/341/366/368/363
/328
under Section 3 RP
(UP) Act; FIR No. 956/2000 under Section 411 IPC PS NDRS; FIR No.
283/2006 under Section 328 ... case FIR No. 956/2000 under Section 411 IPC, FIR
No. 283/2006 under Section 328 / 379 IPC and FIR No. 282/2010
this stage, it would be relevant to go through Section 328
IPC which is as under:-
"328. Causing hurt by means of poison ... Section 378 of IPC and punishment is deal
with the Section 379 of the IPC. The bare reading of Section 378 shows
that
offence punishable u/s 411 IPC.
Accused Sudama and Gama were facing charges for the offence u/s 379 / 328 / 120 B IPC ... voluntarily causing grievous hurt punishable u/s 326 IPC, they are guilty of offence punishable under section 328 IPC.
The PW-5 Dharam
conclusion let the relevant section be re-
produced verbatim which is as under:-
Section 328 IPC
Causing hurt by means of poison, etc., with ... liable to fine.
The essential ingredients of the offence u/s 328 IPC are
as follows:-
The act must be done :
a) with
After investigation,
charge sheet was filed against accused Shabbhu Razak u/s 328
IPC and after filing of charge sheet, cognizance of offence ... against the accused.
CHARGE
3. Charge for the offence punishable u/s 328 IPC was
framed against accused Shabbhu Razak by Ld. Predecessor
complainant and the circumstances, offences
under sections 328 / 379 / 34 of Indian Penal code, 1860 was made
out and after registration of FIR, further investigation ... offenders revealed
commission of offences punishable under section 328 / 379 / 34 of
Indian Penal Code, 1860.
16. It is, therefore, prayed that cognizance
complainant and the circumstances, offences
under sections 328 / 379 / 34 of Indian Penal code, 1860 was made
out and Head Constable Promod Kumar ... offenders revealed
commission of offences punishable under section 328 / 379 / 411 / 34
of Indian Penal Code, 1860.
13. It is, therefore, prayed that cognizance
Section 328 / 379 / 411 IPC as well as
under Section 174 IPC and under Section 229 A IPC as framed ... guilty for the offence punishable under Section 328
IPC and 411 IPC as well under Section 174 A IPC
