Section 338 in The Indian Penal Code, 1860
338. Causing grievous hurt by act endangering life or personal safety of others.—
Whoever causes grievous hurt
Court for the offences punishable
under Sections 304 Part II, 338 and 337 of the Indian
Penal Code , 1860 ( IPC ).
2. The prosecution ... convicted him for the offences under Section
304 Part II, Section 338 and Section 337 IPC. The High
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Court sentenced the appellant
stands convicted of
the offence punishable under Section 338 r/w Section 109 of the Indian
Penal Code, 1860 (hereinafter to be referred ... urged that
the accused has been rightly convicted under Section 338 r/w Section
109 of I.P.C.
21. Mr. Gonsalves, ld. Senior Counsel
case would come under Section 337 or Section 338 ; and if death is caused under Section 302 or Section 304A , ... offence under Section 338 is committed, and accused can be convicted under Section 338, but not both under Sections 279 and 338,
commission and omission constituting offences
punishable under sections 279 and 338 of the Indian Penal Code, 1860
Crl.MC 4055/2016 Page ... Indian Penal Code, 1860 ( IPC ). His plea of not guilty had
been recorded on 12.09.2002 on the notice under Section
251
culpable
homicide of either description.
39. Like Section 304-A, Sections 279 , 336 , 337 and 338
IPC are attracted for only the negligent ... question is whether indictment of an accused
under Section 304 Part II and Section 338 IPC can
coexist in a case of single
punishable under Sections 120-B, r/w 468,468,471 & 420 IPC r/w 511 IPC and Section ... Coimbatore on 14.03.2006 and subsequently convicted and sentenced under Sections 279 , 338 IPC to pay a sum of Rs. 1500/- towards fine
question is whether indictment of
an accused under Section 304 Part II and
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Section 338 IPC can coexist in a case ... Sections 337 and
338 IPC. The two charges under Section 304
Part II IPC and Section 338 IPC
under Sections 307 , 504 , 506 IPC and Section 3(1) (X) of SC/ST Act. However, the case under Section 307 IPC ... penal sections mentioned in FIR attracted against the accused persons, and complicity of only Chandrabhan @ Lala was found for charge under Section 338 IPC
District: Anand for the offence punishable under
sections 338 read with 114 of the Indian Penal Code .
5. The true English translation of the first ... trial for the offence
punishable under sections 338 read with 114 of the Indian
Penal Code . In such circumstances, I examined the matter in
details