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
against the accused for the offence punishable u/s 328 / 376
and 506 of Indian Penal Code (for short IPC ).
B. INVESTIGATION
2. During ... acquitted.
G. RELEVANT PROVISIONS OF LAW
17. Relevant provision of section 328 IPC are reproduced for ready
reference as under:-
Section 328 IPC
u/s 120B IPC , section 363 r/w
section 120B IPC, section 366 IPC r/w section120B IPC, section 328 ... u/s 120B IPC ,
section 363 r/w section 120B IPC, section 366 IPC r/w section 120B
IPC, section 328
provisions of section 207 Cr.P.C. the case was committed to the
Court of Session under section 209 Cr.P.C.
3. Upon committal ... prima facie a case u/s 363 / 34 IPC, u/s 366/34 IPC and
u/s 328/34 IPC against accused
provisions of section 207 Cr.P.C. the case was committed to the Court of
Session under section 209 Cr.P.C.
3. Upon committal ... after
hearing on charge, prima facie a case under sections 376 / 328 IPC was
made out against accused Allauddin. The charge was framed
accordingly
Court for trial.
2. Since the offence under sections 376/328 IPC are
exclusively triable by the Court of Session therefore, after compliance ... provisions of section 207 Cr.P.C. the case was committed to the
Court of Session under section 209 Cr.P.C.
3. Upon committal
Court for trial.
2. Since the offences under sections 376/328 IPC are
exclusively triable by the Court of Session therefore, after compliance ... provisions of section 207 Cr.P.C. the case was committed to the
Court of Session under section 209 Cr.P.C.
3. Upon committal
Meena and Sunita recorded Sec.164 Cr.P.C, Sec.366 IPC
was deleted and Section 328 was added in the charge
sheet. Statements ... U/s 164
Cr.P.C , so the charge sheet was preferred by the police for
the offence U/s 363 & 328 IPC
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
