grievous and MLC of Praveen as simple upon
which he added section 338 IPC in challan. He further testified as to having
collected ... amount to
culpable homicide.
37. To prove the offence under Section 338 of the Indian Penal Code, 1860, it
was for the prosecution to prove
Maham, District Rohtak, Haryana
(e) Offence complained of : Under Section 279 / 338 IPC
(f) Plea of Accused : Pleaded not guilty
(g) Final order : Conviction
BRIEF ... been sent to face trial for the
commission of offences under Section 279 / 338 of the Indian Penal
Code (hereinafter referred
Police Station Chhawla,
New Delhi.
e) Offence complained of : Section 279 read with Section
338 IPC
f) Plea of the accused : Pleaded not guilty ... Chhawla Page 1 of 17
punishable under Section 279
read with Section 338 IPC
h) Date of final order : 31.07.2015
BRIEF STATEMENT OF FACTS
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
accordingly acquitted of the offence
punishable under Section 279 I.P.C.
II. Charge under Section 338 IPC
37. For bringing home the charge under ... acquitted of the offences punishable
under Section 279 I.P.C. as well as Section 338 I.P.C.
State v. Chander
years for the offence punishable under
Section 304-A of IPC and Section 338 of IPC. It is his
submission that the accident has occurred ... against the accused/petitioner
for the offence punishable under Section 304-A and Section
338 of IPC is modified and he is sentenced to undergo
further
4
period of two months for the offence punishable under Section
338 of IPC. The accused shall undergo simple imprisonment
for a period ... Section 279 is
punishable with imprisonment for six months or fine of
Rs.1,000/- or with both. The offence is punishable under
Section 338
months for the offence punishable under Section 279 of
IPC, 3 months for offence punishable under Section 338 of
IPC. At the relevant point ... offence punishable under Section 279 of IPC
and he shall pay fine of Rs.1,000/- for offence
punishable under Section 338 of IPC.
Accordingly
accused under Section 255(2) of Cr.P.C. for the offences
punishable under Sections 279 and 338 of IPC as well as
under Section ... with Section 187 of M.V. Act, are
confirmed.
11
However, the sentence of imprisonment
for the offence under Sections 279 and 338
default to undergo R.I. for two months under Section 338 , Indian Penal Code and to R.I. for one year with a fine ... Sections 279 and 304- A, Indian Penal Code and the sentence awarded for them is confirmed. Conviction of the petitioner for offence under Section 338
