West District U/s
41.1 Cr.P.C . in connection with another FIR No. 445/12 U/s
328/420/34 IPC PS Subhash ... application U/s 216
Cr.P.C . seeking alteration of Charge on the ground that no case U/s
328 IPC was made
charge u/s 379 IPC was framed
against the accused. An alternative charge u/s 411 IPC
was also made out against accused ... against the accused under
provision of section 323 Cr. P.C. As offence under
section 328 IPC was exclusively triable by the court
State (Govt. of NCT of Delhi ) that:
"Penal code, 1860Sec. 328 Case of poisoning
No chemical report about the 'Stomach wash ... code, 1860 Sec. 328 Causing hurt
by means of poison etc., with intent to commit an
offence Appeal against conviction for offence
under section 328
alleged that she was ever forcibly
intoxicated so even offence under section 328 IPC is
also not made out.
Hence, both the accused stands ... charges under section 376(D) IPC and section
328 / 34 IPC framed against them. Their bail bonds
stands cancelled ; sureties discharged. Accused
person
perusal of this Section would show that the
following elements are essential to constitute an
offence under Section 328 IPC:
(i) Some person ... case may be, would be guilty of
the offence contained in Section 328 IPC."
In the same case, the Court also held that
Number : 639/2014.
Police Station Mianwali Nagar.
Under sections 376D / 328 of the Indian Penal Code.
Date of filing of the charge sheet before ... 2014, Police Station Mianwali Nagar.
Under sections 376D / 328 of the Indian Penal Code.
State versus Sant Ram & Ors. -:: Page
under Section 328 IPC and 109 read
with Section 376 IPC and Raju @ Nepali (A-2) under Section 376 IPC
were convicted ... under Sections 109 / 34 IPC r/w Section 376
IPC and RI for seven years with fine ` 10,000/- under Section 328 IPC
against the accused.
2. The complainant preferred complaint under Section 323 , 328 ,
379 , 506 , 34 IPC against respondents. After preliminary evidence ... respondents were summoned for offences punishable under Sections 323 ,
328 , 506 read with Section 34 IPC. Offence punishable under Section 328
IPC being
regular bail to the
petitioner under Section 439 of the Code of Criminal Procedure (in
short ' ... offence punishable
under Sections 302 , 201 , 34 of the Indian Penal Code (in short ' IPC ')
( Sections 328 and 120-B IPC
2022, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 328 AND 420
READ WITH SECTION 34 OF IPC , REGISTERED IN NEW TOWN
POLICE STATION, BIDAR.
THIS ... Station,
Bidar, for the offences punishable under Sections 328 and
420 read with Section 34 of IPC
