believed the
:8:
evidence, the provisions of Section 335 of IPC would
attract and the appellant/accused No.1 could have ... liable to be convicted under the said Section
instead of Section 326 of IPC. In the light of the
discussion
such circumstance, the offence squarely falls within the ambit
of Section 335 of IPC instead of Section 325 of IPC ... this case comes under the Exception provided under Section
335 of IPC, which reads as under:
"335. Voluntarily causing grievous
that an offence
punishable under Section 326 of the Indian Penal Code, 1860
(hereinafter referred to as the ' IPC ... having committed offences
punishable under Section 324 and Section 326 read with Section 34 of
the IPC. The learned
hurt on sudden provocation, such offence
is punishable under Section 335 IPC and in respect
of simple injuries that the provisions ... year and
fine and for the offence under Section 335 IPC is
imprisonment for 4 years and fine. The appellant
Court for the offences punishable under
Sections 342 , 326 and 307 r/w Section 34 of IPC ... record,
convicted all the three accused for the offence
punishable under Section 335 r/w Section 34 of IPC,
while
Penal Code for the lesser offence under Section 335 , Indian Penal Code. The incident is within a narrow ambit insofar ... under provocation and consequently recorded a conviction under Section 335 , Indian Penal Code. The accused was fined Rs. 2,000/- out of which
ffen"ces punishable under Sections
143 , 148 , 341 , .324. r/yv" Section 149 of IPC and sentencing
them ... forf,.the«.._offences punishable under Sections 143 ,
Section 149 of IPC and has acquitted
--Vaccus"ed "the offences
offences punishable under
Sections 143 , 147 , 148 , 447 , 341 , 323 , 324 and 325 r/w
Section 149 of IPC ... offences punishable under Sections 143 , 147 , 148 , 447 ,
341 , 323 , 324 , 325 r/w Section 149 of IPC without there
offences punishable under
Sections 143 , 147 , 148 , 447 , 341 , 323 , 324 and 325 r/w
Section 149 of IPC ... offences punishable under Sections 143 , 147 , 148 , 447 ,
341 , 323 , 324 , 325 r/w Section 149 of IPC without there
fine imposed
under this section shall be paid to the victim."
Section 326A of the IPC deals with, voluntarily ... dangerous weapons and
means under Section 324 of Indian Penal Code, then
such person shall be punished with imprisonment for
a period
