apex Court,
no relief under Section 438 of Cr.P.C. can be granted. Section 328
of IPC is attracted in this Case ... offences under Sections 59 of the FSS Act and Sections 353, 328,
188, 272 r/w Section 34 of IPC. The FIR was registered
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
alone cannot be
accepted as legal evidence for an offence under Section 328 IPC ... such prosecution has failed to prove the charge under this
Section.
51. Section 328 IPC, which deals with administration of
poison
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
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
SEC.482 OF
CR.P.C., SEEKING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONERS FOR THE OFFENCE U/SEC. 328
OF IPC ... U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS INITIATED AGAINST
THE PETITIONERS FOR THE OFFENCE U/S 328 OF IPC
IPC, Section 342 / 34
IPC and Section 372 / 34 IPC against accused Anwar, a case u/s 120B IPC,
Sections 328 ... case u/s 120B IPC ,
Section 5 of the Immoral Traffic (Prevention) Act, 1956, Sections
343 / 323 IPC and Section 328 IPC
