appellant under Section 304
IPC and convicted him for the offences under Section
304 Part II, Section 338 and Section 337 IPC. The High ... under Section 304A IPC was framed
against the appellant as he was charged only under
Section 304 Part II IPC and Section 338 IPC which
first part of sub-section (3)
provides that except as provided in sub-
sections (1) and (2) of Section 8 the
provisions of the Code ... under Section 338 for purposes of applying Sections
339 and 339A. The whole of Section 338 is not applicable.
The power to order the committing
Section 109 of I.PC.
-
12. Proceeding therefrom, Mr. Harish Salve, argued that the primary
offender, as per the charge under Section 338 ... Section 109 is an independent offence but the punishment is related
with other offence. In the instant case, with the offence punishable
under Section 338
inclusion of section 279 I.P.C which is
stated to be non-compoundable.
6. Relevant Sections 279 and Section 338 ... u/s 279 IPC. The FIR or Charge sheet for additional section
279 would be meaningless when the cognizace is taken u/s 338
licenses and pay fees in respect thereof.
8. A Section (328) corresponding to Section 338 of the present City of Madras Municipal Act, existed ... under the control of Government. It is impossible to connect Section 341 and Section 338 in such a way as to justify the engrafting
convicted under this Section (i.e., Section 279 , I.P.C), but must be convicted under Section 337 or Section 338 ... cannot be convicted under Section 279, I.P.C., but must be convicted under Section 337 or Section 338, I.P.C.
The next case
containing three sections only which relate to notified area. Section 337 provides for the constitution of notified areas, and Section 338 (1) (a) provides ... section (40) of Section 4, U. P. General Clauses Act as follows: " 'Section' shall mean a section of the Act or Regulation
punishable under section 161 or section 165 or section 165A of the Indian Penal Code or Sub-section (2) of Section 5 of the Prevention ... section 435 of the Code of Criminal Procedure cannto be invoked in the case of an order made either under section 337 or section 338
trial for two offences one punishable under
section 279 IPC and the other under section 338 IPC (which
concerned more than one victim). Divik Kashyap ... trial for the offence under section 279 IPC as indeed in respect of
offence under section 338 IPC qua the other victim(s). The
proceedings
independent of Section 333. Incidentally, no doubt, provision is made in Section 341 in view to check the evasion of Section 338 in cases ... under the control of Government. It is impossible to connect Section 341 and., Section 338 in such a way as to justify the engrafting
