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
Learned senior counsel submits that once
the charge under Section 328 I.P.C. failed, there was no reason
for the learned Trial Court ... including the present
appellant have been acquitted from the charge under Section
328 I.P.C., in this case, there is neither any ocular evidence
fine of 2000/- under Section
379 of the Penal Code. As regards the conviction of the appellant under
Section 328 of the Penal Code ... Penal Code. The contention was that on account of the
victim not identifying the appellant, the charge under Section 379 of the
Penal Code
conviction under Section 302 , Indian Penal Code. The accused was also found guilty of the offence under Section 328 , Indian Penal Code, but no separate ... against him would not be one under Section 302 , Indian Penal Code, but one under Section 328 of the Code. He drew our attention
Sintu Yadav, for the
offences punishable under Sections 376 of the Indian Penal Code
and Sections ... filed
by the prosecution under Section 216 of the Cr.P.C., charge under
Section 328 of the IPC was added. The appellant pleaded
appeal is allowed.
12. Now coming to the finding relating to
Section 328 IPC, first of all, the infirmity persisting on the
record should ... record since before identifying
different victim at hooch charge under Section 328 IPC has also
been framed relating to Guddu Sharma only which ought
punishable under Section 306 of the I.P.C. Therefore, I
feel that offence punishable under Section 306 I.P.C.
has also been established ... convicted under Sections 498A and 306 of I.P.C. Thus,
in a case when the charge under Section 304B I.P.C.
could
ingredients
to establish commission of an offence punishable under Section
328 of the Indian Penal Code, could not be established by the
prosecution ... parties, we consider it apt to
reproduce Section 328 of the Indian Penal Code in order to
appreciate as to what are the basic ingredients
undergo R.I.
for five years for an offence punishable under section 328 I.P.C.,
R.I. for ten years as well ... also directed to undergo R.I. for five years
under section 328 I.P.C., R.I. for ten years as well
learned trial Court convicted the appellant under Section 304 B
and 328 / 34 of the Indian Penal Code and sentenced him to
undergo life imprisonment ... Section 328 / 34 I.P.C. All the sentences were directed to run
concurrently.
3. The factual matrix of the case is that Tekari
