Indian Penal Code (` IPC ' for short) as well as under Section 38 r/w
Section 52 of the Kerala Police ... IPC as well as under Section 38 r/w Section 52 of the Kerala
Police Act and Section 22 r/w Section
dated 26.07.2023, under Sections 186, 332, 353, 506 and
Section 34 of the IPC ( Section 333 IPC added later on), registered
passing order on application under Section
319 Cr.P.C., petitioner was also summoned under Section 333 IPC but inadvertently in
the petition ... section under Section 333 IPC omitted and prayed for addition of Section
333 IPC.
2.(a) Prayer is allowed
Ahmedabad alleged offences punishable under Sections 143 ,
147 , 149 , 148 , 307 , 332 of Indian Penal Code as also with Section
135(1) of the Bombay ... petitioners are discharged
of offences punishable under Sections 307 and 333 of the Indian Penal
Code.
15. Petition
is disposed of accordingly.
(Akil
Kureshi
view that the sentence
of 7 years awarded under Section 333 IPC is highly excessive.
Furthermore, this Court cannot become oblivious ... into consideration, sentence of
7 years awarded for the offence under Section 333 IPC is not justified and
hence, the same is reduced
Section 353 IPC is proved
beyond reasonable doubt.
46. The third Offence with which the Respondent was charged is under
Section 333 which ... guilty under Section 186 / 353 IPC, but his acquittal under Section 333 IPC is
upheld.
52. List for arguments on Sentence
undergo 2 months SI
Under Section 341 To undergo 1 month imprisonment.
IPC
Under Section 333 To undergo 2 years imprisonment ... Court to attract offence
under Section 148 of IPC. To attract the offence under Section 333 of IPC
the prosecution ought
charged for the offence punishable under Sections 307 and 333 read with
Section 34 of the Indian Penal Code for having caused grievous hurt ... Indian Penal Code and not under
Section 307 of the Indian Penal Code.
22. Insofar as the offence punishable under Section 333 of the
Indian
offence punishable under section
143, 147, 341, 333, 353, 225(B) r/w section 149 of IPC, after
hearing the prosecution ... section 149 of
IPC, against the accused. Accordingly, the appellants A1 to
A3 are found not guilty under section 333 of IPC
counts, for the offence
punishable under Sections 307 and 333 r/w Section 34 of IPC.
Further, accused were sentenced to undergo rigorous ... years for the
offence punishable under Sections 307 and 333
r/w Section 34 of IPC.
14
(iv) Sentence imposed for the offence
