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
7
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
were charged with commission of
offences punishable under Sections 304A, 337, 338 read with Section 36 , IPC
and Section 14 of the Cinematograph ... with offences punishable under Sections 304A read with Section
36 and Sections 337 and 338 read with Section 36 IPC for their negligent
Magistrate for his trial under two offences, one under
section 338 of the Indian Penal Code on three counts for
causing grievous hurt ... confirmed the acquittal in regard to the charge
under section 338 of the Indian Penal Code but reversed the
order acquitting him of the charge
Indian Penal Code, 1860
(in short the ` IPC ') by learned IIIrd Additional Sessions Judge, Mangalore.
For the offence punishable under Section 338 ... imprisonment.
Accordingly, taking note of Section 71 IPC, High Court held that for the
offence under Section 338 IPC the accused
Magistrate for his trial under two offences, one under section 338 of the Indian Penal Code on three counts for causing grievous hurt ... confirmed the acquittal in regard to the charge under section 338 of the Indian Penal Code but reversed the order acquitting him of the charge
Sections 336 , 337 , 338 and 304 (Part II) of the Indian
3
Penal Code (for short “ IPC ”) and Section ... Sections 304 A and
338 IPC. Section 304 A deals with causing death by
negligence and Section 338 deals with causing
4
grievous
applying principles incorporated in subsection (2)
of Section 222 of the Code of Criminal Procedure, 1973 (for
short, “ CrPC ”), the Court can consider whether ... concerned. Instead of Section 308
of IPC, he is held guilty of an offence punishable under
Section 338 of the IPC
offence punishable under
Section 304, Part II, IPC and in some cases under Section
338 IPC and they are pending trial ... with the culpability of the offence under Sections 304A and
338 IPC. Under these circumstances, the High Court was not
right in staying
Indian Penal Code, 1860 (for short “the IPC ”) and affirmed the
conviction and sentence for offences punishable under Sections 337 , 338 ... period in respect of the offences under
Sections 279 and 337 and Section 338 of the IPC As far as the offence under
