commission of the
offences by the appellant under Section 304 Part
II, IPC Section 338 IPC and Section 337 IPC?
(iv) Whether sentence awarded ... question is whether indictment of an
accused under Section 304 Part II and Section
338 IPC can co-exist in a case of single rash
under Section 338 for purposes of applying Sections 339 and
339-A. The whole of Section 338 is not applicable. The power to
order ... considerations arise. It is not,
therefore, possible to read Section 540 with Sections 337 and
338 of the Code or with Section
victim
mentioning grievous injuries was collected and section 337 IPC was replaced
with section 338 IPC. The investigation was completed ... Mohd. Vaseem Page no. 3 of 6
offence u/s 279 IPC. Section 338 IPC has been made compoundable but section
hold that the alleged offence
under Section 279 of IPC read with Section 338 IPC
could also be compounded. It is not a different ... Section 279 IPC. The FIR or Charge
sheet for additional Section 279 IPC would be
meaningless when the cognizance is taken
under Section 338
hold that the alleged offence
under Section 279 of IPC read with Section 338 IPC
could also be compounded. It is not a different ... Section 279 IPC. The FIR or
Charge sheet for additional Section 279 IPC would be
meaningless when the cognizance is taken under Section
338
hold that the alleged offence
under Section 279 of IPC read with Section 338 IPC
could also be compounded. It is not a different ... Section 279 IPC. The FIR or Charge
sheet for additional Section 279 IPC would be
meaningless when the cognizance is taken
under Section 338
Street Police Station Case No. 238 dated August 30, 2018 under
Section 338 of the Indian Penal Code, 1860 pending before the Court ... dated August 30, 2018 was registered for
investigation under Section 338 of the Indian Penal Code, 1860
(hereinafter referred
offence for which he is tried.
14. Now, we turn to Section 338 of IPC, which reads thus:
“338. Causing grievous hurt by act
endangering ... concerned. Instead of Section 308
of IPC, he is held guilty of an offence punishable under
Section 338 of the IPC. The appellant shall undergo
question is whether indictment of
an accused under Section 304 Part II and
20
Section 338 IPC can coexist in a case of
single rash ... 338 IPC. The two charges under Section 304
Part II IPC and Section 338 IPC can legally
coexist in a case of single rash
court. Notice under section
251 of the Code was given to the petitioner for the offences punishable
under sections 279 / 338 IPC vide order dated ... undergo
further SI for one month for offence punishable under section 338
IPC. Both the sentences were ordered to be run concurrently.
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