hold that the alleged offence under
Section 279 IPC r/w Section 338 IPC could also be
compounded. It is not a different act complained ... u/s 279
IPC. The FIR or charge-sheet for additional section 279 IPC
would be meaningless when the cognizance is taken under
Section 338
exercise
power to tender pardon to an accused. Section 307 of the
Code corresponds to Section 338 of Criminal Procedure Code ... proceedings. But under
Section 460(g) of the new Code the legislatures have omitted
Section 307 which is corresponding to Section 338, and
therefore, such
were charged with commission of
offences punishable under Sections 304A, 337, 338 read with Section 36 , IPC
and Section 14 of the Cinematograph ... brothers,
were charged with offences punishable under Sections 304A read with Section
36 and Sections 337 and 338 read with Section 36 IPC for their
exercise power to tender pardon to an accused. Section 307 of the Code corresponds to Section 338 of Criminal Procedure Code ... proceedings. But under Section 460(g) of the new Code the legislatures have omitted Section 307 which is corresponding to Section 338, and therefore, such
such ingredients
to prosecute the appellant-accused no.2. To attract
Section 338 of IPC in addition to the above said acts,
as required ... personal safety.
To prove the guilt of the accused under Section 338 , in
addition to the elements under Section 336 , an
additional consequence of grievous
tile Criminal Procedure Code . Though section 337 is the
relevant section, nevertheless, it is necessary to refer to
section 338 also. These two sections occurring ... holding
that section 435 cannot be invoked in the case or an order
made either under section 337 or under section 338 is that
agitated in second appeal. He further submits that ingredients of Section 338 of Act were never pleaded by the appellant in its written statement. There ... containing Sections 331 to 349 . Section 331 defines the the expression 'to erect a building' for the purposes of this Chapter; Section
acts under Section 337, Cr. P. C., but where the Sessions Judge tenders this pardon, he functions under Section 338, Cri. P. C. These ... 338 in this sub-section. It was necessary to include this sub-section because the opening words of Section 338. 'At any time after
power to tender pardon to an accused. Section 307 of the Code
corresponds to Section 338 of the Criminal Procedure Code ... tender a pardon" from Section 307 of the present Code which
was there in Section 338 of the previous Code. On a plain
reading
Court of Session. There is, therefore, nothing in this Section or in Section 338, which deprives the District Magistrate of his power to grant pardon ... present case is covered by the proviso to Section 337 and not by Section 338 of the Criminal Procedure Code.
In that case the Magistrate
