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
case FIR bearing number 590/1998 under Sections 328 / 379 / 411 of
Indian Penal Code, 1860, (' IPC ') registered at Police Station ... filed for
offences punishable under Sections 411 / 379 IPC and initially, charge
under Section 379 IPC was framed against the appellant
investigation, the instant
charge sheet was filed under Section 328 read with Sections
379 / 411 IPC.
Committal of the Case and Framing of Charge ... pleased to frame charge under Section 379 IPC
alternatively under Section 411 IPC and also under Section 328
IPC. When the accused
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
arising
out of FIR No.824/06 u/s 379 / 328 / 411 of Indian Penal Code, 1860
whereby the appellant was convicted u/s 328 ... Section 379 IPC,
there was no justification for convicting him for offence under
Section 411 IPC. As such, his conviction under Section
fine of Rs.2000/- for the offence under Section 328 of the Indian Penal Code and to suffer rigorous imprisonment
for two years ... submits further that in a case under Section 328 of the Indian Penal Code, prosecution is to prove that
stupefying drug has actually been administered
appellant under Section 328 of the Indian Penal
Code as well as 307, 379, 411 IPC and Section 22 of the Narcotic
Drugs ... appellant under Section 379
IPC and Section 22 of NDPS Act are affirmed and conviction and
sentence under Sections 307 , 328 and 411 IPC
Police Station Uttam Nagar,
Under sections 328 , 376 , 420 and 506 of the Indian Penal Code.
Date of filing of the charge sheet before ... Uttam Nagar, Delhi for the offence under sections 328 / 376 / 420 / 506 of
the Indian Penal Code (hereinafter referred to as the IPC
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
