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
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
alteration
report, under Section 174 the case of the CrPC was altered
into Sections 336 , 337 , 338 and 304 (Part II) of the Indian ... Sections 304 A and
338 IPC. Section 304 A deals with causing death by
negligence and Section 338 deals with causing
4
grievous hurt
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
