sentence under sections 279 and 304A IPC, but modified sentence
under sections 338 and 337 IPC to rigorous imprisonment for six months
and rigorous imprisonment ... Whether the conviction of the revision petitioner under
sections under sections 279 , 337 , 338 and 304A IPC by
the trial court, which is confirmed
months under Section
279 IPC, to undergo simple imprisonment for one year each
under Sections 304(A) and 338 IPC, and to undergo simple
imprisonment ... separately under Sections 279 and
337 IPC, the appellate court set aside the sentences in view of
the sentence under Sections 338
undergo simple imprisonment
for a further period of two months under section 338 IPC. Out of the fine
amount, if realized ... grievous and hence, the charge under section 338 IPC will not lie against
the accused. There is no substance in the above contention
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
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
modified sentence.
Under Sections 279 and 337 IPC, he shall undergo simple
imprisonment for six months each. Under Section 338 IPC,
he shall undergo rigorous ... imprisonment
under Sections 279 , 304 (A) & 337 of the IPC and half of the
maximum period under Section 338. The learned counsel
1000/-,
in default to undergo S.I. for one month under Section 338 I.P.C.
and to undergo S.I. for one year ... Section 337 I.P.C., in default to undergo
simple imprisonment for 15 days and fine of Rs.1000/- for the
offence under Section 338
month; they
were found guilty of the offence punishable under Section
338 of IPC and sentenced to suffer rigorous imprisonment ... reading of the above three Sections shows that
while Sections 286 and 338 of IPC involves negligent act,
Section 3 of the Explosive Substances
under Section 337 IPC, simple imprisonment for a
period of two months and to pay a fine of Rs.1,000/- under
Section 338 ... under Section 304 A IPC, they
have correctly found that the accused has committed the
offences punishable under Sections 279 , 337 and 338
fine of Rs.1,000/- for the offence u/s 338 IPC, in
default of payment of fine, the accused shall undergo ... Section
279 IPC. In default of payment of fine, accused
shall undergo simple imprisonment for 15 days.
c) For the offence under Section 338
