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
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,
question is whether indictment of
an accused under Section 304 Part II and
20
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
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
order to prove the offence
under section 279 , Indian Penal Code is also similar as that of section
338 , Indian Penal Code, therefore it could ... punishable u/s 181 / 185 M.V. Act.
8.4 The accused is acquitted for the offences under section 279 / 338 of
Indian Penal Code
through notice under section 251 Cr.P.C issued and served on
20.02.2009 for offences under sections 279 / 338 IPC. The appellant
pleaded ... IPC)
was the direct result. If offence under section 279 IPC has been
brought home then charge under section 338 IPC
offence under Section 304A IPC.
6. So far as the compensation amount is concerned under
Section 304-A IPC ... months not only under Section 304A but
also for the offence under Section 337 / 338 IPC and
made all the three sentences
offence under
section 279 / 337 / 338 / 304 A IPC and 304A of Indian Penal Code on
05.06.2007 to which they pleaded not guilty ... matter the offence u/s. 279 IPC, 337 IPC , 338 IPC
and Section 304 A IPC
under
Section 279 , 304-A , 338 , 337 Indian Penal Code, 1860 ( IPC )
read with Section 3 , 9 III (b) of Motor Vehicles ... would be noticed that the difference between Section
337 and Section 338 IPC is the extent of hurt. Whereas an act
to fall
terms of Section 173 of Cr.P.C as against the accused for the offences under Sections 279 , 337 and 338 of ... replacing the conviction recorded under Section 304-A of IPC into one under section 338 of IPC and the conviction recorded
