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
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
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
around the very
applicability of Section 328 IPC. Section 328 of the Indian Penal Code
contemplates that it was the accused who administered ... miserably failed to prove commission of offence by the accused under
Section 328 IPC. Thus, giving benefit of doubt, the accused is acquitted
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
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
JUDGMENT
1. This is a case under sections 328 / 420 / 34 of Indian Penal Code, 1860 ( IPC ).
CASE OF THE PROSECUTION ... himself, it was recorded u/s 161 CrPC and signed
one, but it is against the section 161 CrPC itself. In the given circumstances
said case is filed for offences
punishable under sections 272 , 273 and 328 of Indian Penal Code
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section 272 of IPC in such a case and it was laid down that these
provisions of IPC
offences punishable under Sections 32 and 34 of
Excise Act and Sections 273 , 284 and 328 IPC.
14. Section 32(1) of Excise ... IPC makes sale of noxious food
or drink punishable. Section 284 IPC makes negligent
conduct with respect to poisonous substance
punishable. Section 328
said case is filed for offences
punishable under sections 272 , 273 and 328 of Indian Penal Code
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section 272 of IPC in such a case and it was laid down that these
provisions of IPC