Kamlesh have been charged u/s 325 / 34 of the Indian Penal Code, for
voluntarily causing grievous hurt to complainant Sh. Dashrath in
furtherance ... appended to Section 222 Cr.P.C. categorically mentions a
case where, "A is charged u/s 325 of IPC
preferred this appeal under Section 374 of the Code of
Criminal Procedure, 1973 (for short 'the Code') against the judgment dated ... thereafter, appellant was charged for offence under Section Section 307 , 294 ,
323 , 506 / 34 of IPC. He abjured his guilt
judgment
the Appellant was convicted for the offence under
Section 335 of I.P.C. and sentenced to undergo R.I. for
four years ... sudden and grave provocation, he was held
guilty under Section 335 of I.P.C. On such findings the
trial Court convicted and sentenced
June, 2023
JUDGMENT
C.S.Sudha, J.
This jail appeal under Section 383 Cr.P.C has been filed by the
accused ... find it a fit case to acquit the
accused under Section 232 Cr.P.C., he was asked to enter on his defence
undergo one
year simple imprisonment.
( Section 42 of POCSO
Act and Section 376 D
IPC invoked ... undergo one
year simple imprisonment
( Section 42 of POCSO
Act and Section 376 D
IPC invoked
sentences awarded under Sections 326 read with Section 34 and 326 read with Section 34 IPC were modified ... case of non-applicability of Section 326 and Section 326 read with Section 34 IPC and considering the long
filed under Section 374 of Criminal Procedure Code,
to set aside the conviction of 4 years Imprisonment for the offence under
Section ... facts proved
make out the offence under Sections 326 / 34 of the
Penal Code.”
Therefore, taking into account the manner of injury, part
other hand, the
offence would fall under Section 335 of IPC. The accused has
voluntarily caused grievous hurt in a quarrel ... provocation.
20. The punishment provided for the offence under
Section 335 of IPC is imprisonment of either description for a
term
offence punishable under Section 302 of the Indian Penal
Code. Thereafter, P.W.11 initially took up and thereafter P.W.12 completed ... causing grievous hurt out of sudden provocation which is
punishable under Section 335 of IPC. In the instant case, hurting
would
be attracted in the present case or whether Section 335 of
IPC would get attracted is debatable. Except the
allegation ... against the petitioner in the complaint. For the offence
punishable under Section 335 of IPC, maximum
punishment provided is only four
