State vs . Kamlesh Ojha on 18 December, 2014
FIR No. 335/08; U/s 313/325 IPC ; P.S. Prashant Vihar ... U/s
161 Cr.PC of the witnesses and after completion of investigation, chargesheet
had been filed before the Court.
2. After compliance of section
voluntarily
causing grievous hurt except for cases provided in section 335 IPC. Section
335 IPC provides ... causing grievous hurt
on provocation. In the present case, section 335 IPC is not attracted.
Section 325 IPC
voluntarily
causing grievous hurt except for cases provided in section 335 IPC. Section
335 IPC provides ... causing grievous hurt
on provocation. In the present case, section 335 IPC is not effected.
Section 325 IPC
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
that offence U/s 4 of
Dowry Prohibition Act is an offence of lesser degree, than the
offence U/s 498-A IPC ... Section
313 Cr.P.C, therefore, the trial court could not have concluded that
such demand was ever made by accused. Ingredients of Section
respondents/accused for the offence punishable under
Section 307 read with Section 34 of IPC and under Section ... Section 357(3) of Cr.P.C., (vide state amendment).
10. The offence under Section 334 of IPC is
punishable
JUDGEMENT
This Criminal Appeal under section 374(2) Code of Criminal Procedure (in short ' CrPC ') has been preferred against the judgement ... Case Crime No.291 of 2000, under Section 326 Indian Penal Code (in short ' IPC ') and Section
1284/2007 convicting the accused Kasem
Ali of offences under Sections 335 / 341 IPC and sentencing ... wrong in convicting said accused persons of offence u/s 341 / 335 IPC.
25. I have heard the learned counsel
were convicted for the offence
punishable under section 325 read with section 34
34 of IPC and sentenced ... respondents should have been convicted for the
offence punishable under section 335 of IPC
because the quarrel started on the basis
offences punishable under Sections 506 and
325 of the Indian Penal Code, 1860 (hereinafter referred to as
'the IPC ... that such a case was not provided for by Section 335
IPC
In the light of the above ingredients
