against 20
accused for offences punishable under Sections
338 , 304(A) and 304 read with Section 34 of the
IPC. A report was called ... continued against the petitioner for the
said offence of Section 304A of IPC. Section 338 of
IPC which is the other offence alleged against
months' simple imprisonment under Section 304A of IPC and three months
under Section of 338 IPC , as imposed by the 1st Appellate Court ... follows: (i) under Section 304A of IPC, the sentence is
reduced from six months to three months, and (ii) under Section 338
sentenced to
Penal Code undergo simple imprisonment
for three months.
rt
Section 338 of the The accused was sentenced to
Indian Penal Code undergo simple ... person, whereas Section 337 of the IPC
deals with negligently causing simple hurt to a person. Thus,
Section 338 of the IPC is an aggravated
above are:
1. Indictment of an accused under Section 304 Part II and
Section 338 of the IPC can co-exist in a case ... charging a person for the offence under Section 304
Part II and Section 338 of the IPC no prejudice would be
caused
months' simple imprisonment under Section 304A of IPC and three months
under Section of 338 IPC , as imposed by the 1st Appellate Court ... follows: (i) under Section 304A of IPC, the sentence is
reduced from six months to three months, and (ii) under Section 338
2061 of 2021
17
offences by the appellant under Section 304 Part
II, IPC , Section 338 IPC and Section 337 IPC?
(iv) Whether sentence awarded ... Apex
Court held that indictment of an accused under Section - 304 Part II
and Section - 338 of IPC can co-exist in a case
charges, namely, the offence punishable under
Section 304 Part II IPC and the offence
punishable under Section 338 IPC is mutually
destructive and legally impermissible ... person for the offence punishable
under Section 304 Part II IPC and the offence
punishable under Section 338 IPC for a single
present FIR was registered on 07.02.2005. FIR
was registered under Section 338 of the Indian Penal Code, 1860 ( IPC ).
3 In the course of investigation ... doctor or
hospital. Hence a prima facie case under Section 338 IPC is made out against Dr.
A.K. Banerji, Dr. Ajay Sinha
commit the offence punishable under
Section 304 of IPC. Instead, commission of the offences
punishable under Section 337 , 338 and 304A of IPC as well ... punishable under
Section 337 IPC and shall undergo rigorous
imprisonment for a period a two months for the
offence punishable under Section 338
Section
337 of Indian Penal Code; further sentenced to undergo
simple imprisonment for a period of one month for the offence
punishable under Section 338 ... punishable under
Section 337 of Indian Penal Code; and to undergo simple
imprisonment for a period of one month under Section 338
Indian Penal Code
