2015]
Thus, the order of acquittal with regard to offence under Section
333 IPC is liable to be interfered by this Court.
Hence ... allowed to
the extent that order of acquittal dated 23.12.2014 under Section
333 IPC passed by learned trial Court is hereby set aside
aspect
and recorded the acquittal in respect of offence under section
333 of IPC which requires re-consideration.
9. It is further submitted ... rightly not recorded the conviction for the
offence punishable under Section 333 of IPC which is
appropriate.
11. It is further submitted that
Section 186 / 353 / 333 / 279 IPC.
22. The relevant Sections are reproduced as under:
SECTION 186 IPC
Obstructing public servant ... prosecution, ingredients of section
332 IPC are fully satisfied. Accused was facing trial under section 333 IPC but he
is convicted
spot. Although the accused has been charged U/s 279 IPC
alongwith sections 186 / 333 / 353 IPC, however, give the nature ... Rashness or Negligence are the essential ingredients of Section
279 IPC, whereas Sections 186 / 333 / 353 IPC require intent to
voluntarily
Prem Singh, who obtained sanction
under Section 195 Cr.PC and added Section 333 IPC. Thereafter, he filed
chargesheet in the Court ... simply
obtained complaint u/sec. 195 CrPC , from concerned authority and
thereafter, had added sec. 333 IPC. Later on, he filed charge-sheet
Section 61(1)(a) of the Punjab Excise Act.
Besides said Sections, the accused were also challaned under Section 333
IPC and Sections ... under
Section 195 Cr.P.C. and hence there is a bar to the proceedings
under Sections 186 , 332 , 333 and 353 IPC
Section 438 Cr.P.C. in case FIR No.17 dated 16.02.2023 for the
offences under Sections 353 , 186 , 332 IPC ( Sections 333 ... trial Court vide order dated 23.02.2023
however, subsequently, offence under Section 333 IPC was
added on 10.03.2023. Learned counsel further submits that
evidence
Date of Judgment 09.01.2023
Offences complained of U/s 333, 307 r/w 34 of I.P.C .
Opinion of the Judge Accused ... have
committed an offence punishable under Section
333 read with Section 34 of IPC within
cognizance of this Court?
2. The prosecution prove
other Section, which are not exclusively
triable by the Court of Sessions. According to learned
counsel, the offences under Sections 332 , 333 and 353
... Sections 332, 333 and 353 I.P.C. read
with Section 34 I.P.C.
6. Sections 332 , 333 and 353 I.P.C. read
been convicted for the offences
punishable under Sections 333 , 353 and 451 of the Indian
Penal Code, 1860 (for short, ‘ IPC ’). The Sessions ... year each and for the offence punishable under
Section 333 of IPC, he was sentenced to undergo rigorous
Signature Not Verified
imprisonment
