been summoned for the alleged commission of the offences
punishable under Sections 336/338 read with Section 32 of the Indian
Penal Code ... Court Record requisitioned indicates that the charge-
sheet dated 16.03.2015 under Sections 336 / 338 read with Section 32
Indian Penal Code, 1860, and Section
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
Anand Rural
Police Station, District: Anand for the offence punishable under
sections 338 read with 114 of the Indian Penal Code .
5. The true English ... first information report
against them for the offence punishable under sections 338
read with 114 of the IPC , are here before this Court with
Ashok who were tried as accused for offence
under section 338 of IPC and found guilty by the trial court and confirmed by
the appellate ... grievous hurt. Material only disclose prima facie case for offence under
section 338 of IPC. The prosecution challenging for the framing of charge
under section
Section 279 of IPC.
Convict was also sentenced to undergo rigorous
imprisonment for the period of six months for commission of
offence under section 338 ... under Section 279 IPC.
CA No. 09/17 Shyambir Singh v. State Page 11 of 19
24. As regards the provisions of Section 338
supplied]
22. It would be noticed that the difference between Section
337 and Section 338 IPC is the extent of hurt. Whereas ... culpable homicide of either
description.
39. Like Section 304-A, Sections 279 , 336 , 337 and 338 IPC are
attracted for only the negligent or rash
accused under Section 185 of the Motor Vehicles Act,
while holding him guilty of having committed the offence
punishable under Sections 279 , 338 ... Section 279 IPC
was set aside, the appellate court confirmed the
conviction and sentenced the respondent for
offences under Sections 304A , 337 and 338
Section 279 of IPC in default simple imprisonment for two weeks, to undergo simple imprisonment for the period of one year under Section 338 ... custody period under Section 428 of the Code of Criminal Procedure and the sentence imposed under Section 338 of IPC and under Section
Section 279 of IPC in default simple imprisonment for two weeks, to undergo simple imprisonment for the period of one year under Section 338 ... custody period under Section 428 of the Code of Criminal Procedure and the sentence imposed under Section 338 of IPC and under Section
awarded for offence under Section 279 of IPC as the same has
been treated as a lesser offence of Section 338 ... under Section 279 of IPC
was set aside and sentence of six months and fine of Rs.200/- for
offence under Section 338
