accused committed offences punishable under
Sections 3 , 4 and 5 of the said Act of 1908, Section 336 , 337 ,
338 ... recording the conviction under section 3 of the said Act of
1908 which speaks about malicious act and section 338 of I.P.C.
provides
2061 of 2021
17
offences by the appellant under Section 304 Part
II, IPC , Section 338 IPC and Section 337 IPC?
(iv) Whether sentence awarded ... Apex
Court held that indictment of an accused under Section - 304 Part II
and Section - 338 of IPC can co-exist in a case
were found false and instead of Section 324 I.P.C, a case was found under Section 338 , 211 I.P.C. against the informant ... this case.
Thus, finding the appellants innocent filed charge sheet under Sections 338 , 211 I.P.C. This charge sheet is numbered
undergo
S.I for 3 months for the offence punishable under
Sec.338 of IPC and shall pay fine of Rs.1,000/-. In
default ... offence punishable under Section 337
IPC and also three months imprisonment for the offence
punishable under Section 338 IPC.
16. Since there is only
rupees, or with both.
13.On analysing the sections above viz. Section 279 , 337 & 338 IPC,
it is seen that they are alike ... Acquitted as per Sec.255(1) Cr.P.C. The accused found guilty
under Section 337 (2 counts) & 338 IPC . Convicted and
imposed
charge of Section 187 MV Act
viewing that charge of violation of Section 132 or Section 133 or
Section ... recklessness is a sine qua non to
establish charge under Section 279 or Section 338 IPC.
[16] Since PW-1 did not see the accident
accused under Section 255(2) of Cr.P.C. for the offences
punishable under Sections 279 and 338 of IPC as well as
under Section ... with Section 187 of M.V. Act, are
confirmed.
11
However, the sentence of imprisonment
for the offence under Sections 279 and 338
months under Section 337 of Indian Penal
Code; rigorous imprisonment for six months for offence under Section
338 of Indian Penal Code and rigorous imprisonment ... accident and therefore, acquitted the
petitioner for offence under Section 338 of Indian Penal Code. The
2
learned appellate court also upheld the sentence under
whereby the
respondent Corporation has revoked the sanctioned building plan
under Section 338 of the Delhi Municipal Corporation Act, 1957
(hereinafter referred ... Learned senior counsel submits that no hearing as mandated
under Section 338 of the DMC Act has been granted to the petitioner.
5. Learned counsel
under Section 279 of the Indian Penal Code and
further sentenced to undergo one year Rigorous Imprisonment
for the offence punishable under Section 338 ... custody by the petitioner with fine of Rs. 1,000/- under
Section 338 of Indian Penal Code and fine of Rs. 1,000/- under
Section
