commission of the
offences by the appellant under Section 304 Part
II, IPC Section 338 IPC and Section 337 IPC?
(iv) Whether sentence awarded ... question is whether indictment of an
accused under Section 304 Part II and Section
338 IPC can co-exist in a case of single rash
under Section 338 for purposes of applying Sections 339 and
339-A. The whole of Section 338 is not applicable. The power to
order ... considerations arise. It is not,
therefore, possible to read Section 540 with Sections 337 and
338 of the Code or with Section
question is whether indictment of
an accused under Section 304 Part II and
20
Section 338 IPC can coexist in a case of
single rash ... 338 IPC. The two charges under Section 304
Part II IPC and Section 338 IPC can legally
coexist in a case of single rash
court. Notice under section
251 of the Code was given to the petitioner for the offences punishable
under sections 279 / 338 IPC vide order dated ... undergo
further SI for one month for offence punishable under section 338
IPC. Both the sentences were ordered to be run concurrently.
Signature Not Verified
1164/2010 registered
for the offences punishable under Sections 338 , 304 read
with Section 34 of the IPC.
2. Learned counsel for the petitioner submits ... continued against the petitioner for the
said offence of Section 304A of IPC. Section 338 of
IPC which is the other offence alleged against
simply went on to convict the
accused for the offences under Sections 338 and 337 I.P.C. and
that is illegal and irregular. Learned ... under Sections 304-A and 337 I.P.C. are
concerned. The revision petitioner/accused is acquitted for the
offence under Section 338
Investigation was completed and police report u/s 173 Cr.P.C was filed
under sections 279/338 ... extend to one thousand rupees, or with both".
20. Section 338 IPC provides that "Whoever causes grievous hurt to any
person by doing
accused under section 207 The Code of
Criminal Procedure , 1973 (hereinafter called as Cr.P.C )
and thereafter charge under section 279 / 338 ... danger to others."
20. Let us peruse the provision of Section 338 IPC,
which is as under :-
Section 338. Causing grievous hurt
negligent driving to the
accused for the offence punishable under section 279 and
section 338 of the Indian Penal Code, 1860 and Section ... public way ( Section 279 IPC) and causing grievous
injuries by a rash or negligent act ( Section 338 IPC) in the
present case. In order
section 207 Cr.P.C to the satisfaction of the
accused.
3. Notice for committing the offence punishable under
section 279 / 338 ... under section 279 IPC ?
(2). Whether accused has committed the offence causing grievous
hurt by act endangering life or personal safety under section 338
