complainant, Ld. MM observed that a case of offence under Section 328 IPC
was disclosed before the court and therefore Ld. MM committed this ... perusal of this Section would show that the following
elements are essential to constitute an offence under
Section 328 IPC:
(i) Some person
Jalil Ahmad u/s 313 CrPC were
recorded by the ld Predecessor of this court. During
the statement u/s 313 CrPC, accused persons
denied ... offence u/s 328/379/34 IPC IPC .
Accordingly, accused Jalil Ahmad and Raju @ Ajmat
Ali stands acquitted for offences u/s 328
u/s 411 / 34 IPC was got registered there. He
Sessions Case no.03/07
State Vs Raju @ Chotu etc
U/s 328 ... conclusion let the relevant section be re-
produced verbatim which is as under:-
Section 328 IPC
Causing hurt by means of poison, etc., with
offences u/s 328 / 379 / 411 IPC
read with section 120-B IPC. Section 328 IPC deals with the offence
of causing ... State 28/29
379 and not u/s 411 IPC. Accused is thus acquitted u/s 411 IPC.
28. If the deposition
disclosure about his involvement in the instant case. On his
interrogation, Section 328 IPC was also added to the instant case.
Accordingly ... intoxicating or stupefying substance, he does not press the charge
under Section 328 IPC.
It is also submitted that as the gold chain
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
trial after compliance of Section 207
Cr.PC.
4. After committal, charge under Section 328 / 379 / 34 IPC was
framed against both the accused ... commission of theft and
thus committed an offence punishable under
Section 328 IPC?
(ii) Whether both the accused persons along with
accused Aas Mohd
IPC are reproduced
which reads as follows:
The ingredients of section 328 IPC:
(i). that the substance in question is a poison ... 2009
punishment prescribed in section 379 IPC.
8.4 Hence both the accused are held guilty under section
403 / 34 IPC.
9. In term
from the accused, it was a fit case for conviction under Section 328 IPC. In
the instant case also by no stretch of imagination ... IPC. Accused Makisu has
also been convicted under Section 411 IPC.
Under Section 328 IPC the punishment prescribed is imprisonment
Section 207
Cr.P.C, the case was committed to the Court of Sessions as
offences punishable under Sections 328 / 379 IPC were found ... perusal of this Section would show that the following
elements are essential to constitute an offence un-
der Section 328 I.P.C:-
(i) Some
