CiteTEXT
..., State
Vs. Dharmendra Singh and others, whereby charges have been framed under
section 323, 324 and 308 IPC.
It is contended by the learned...charge under section 308 IPC is made out against the
revisionists.
The present revision is finally disposed of with a direction that the revisionists
may file an appropriate...
...petitioners that earlier the petitioners were booked under Sections 324/323/34 IPC but subsequently after the opinion of the doctor had been obtained the offence under Section 308 IPC was...Section 308 IPC to the already existing offences arrayed against the them and which concession the petitioners have not abused, I am of the considered opinion that the present petition deserves to be...MAHESH GROVER, J.This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case...
...statement of the doctor, if it appears
that the evidence under Section 308 IPC is not made out against the
revisionist then learned trial court may consider the application of the
applicant and at that...; State
versus Ramlakhan and others, under Sections 308, 323, 324, 452, 504, 506
and 325 IPC, Police Station - Kachhauna, District - Hardoi, this criminal
revi...sections i.e.
308 and 325 IPC, the maximum punishment provided is the same.
This revision is disposed of with the direction that learned trial court is
fully competent after recording the...
...19.07.2004
under Section 308, 323, 504, 506 IPC, whereagainst petitioners' revision has also
been rejected by Sessions Judge, Ghazipur vide impugned order dated 16.12.2004.
3. It is conten...implicate petitioners under Section 308 IPC.
4. The statement of Doctor has been perused by this Court also, which is Annexure-
4 to the writ petition. It says that on the vital part...summoning petitioner
under Section 308 IPC. Rest is the matter of evidence. I, therefore, do not find any
apparent error on the face of record warranting interference under Article 226 of...
...i.e. complainant party were declared simple in nature by the doctor. Cross version case under Section 308 IPC etc. has also been registered on the statement of injured Kapil Sharma against the...)
[1] Case is being taken up for hearing through Video Conferencing due to the outbreak of pandemic Covid-19.
[2] Prayer in the petition under Section 439 of...Cr.P.C. is for grant of regular bail to the petitioner during the pendency of the trial in case FIR No.15 dated 14.01.2020, registered under Sections 307, 427, 506, 148 and 149 of IPC...
...framed against respondent No. 2 under Section 308, 323, 325 IPC by the Trial Court.Learned counsel for the petitioner has submitted that the Trial Court had erred in framin...that the Trial Court had rightly framed charge against respondent No. 2 under Section 308 IPC.Prosecution story, in brief, is that complainant and his wife Rupinder Kaur had gone to...fracture of her skull. The Trial Court, thus, committed a patent error while ordering framing of the charge against respondent No. 2 under Section 308 IPC vide impugned order dated 7.5.2011 (Annexure P-15...
...injury on his head was declared as dangerous to life. It was only after the receipt of the opinion of the doctor that offence under Section 308 IPC was added.It cannot be concluded from...of the complainant have been exaggerated. It was after the CT Scan that offence under Section 308 IPC was added. It is very much clear from the CT Scan report that it was the left parietal region...the punishment which can be imposed for the offence under Section 308 IPC, I do not find any ground to release the petitioner on bail and his bail application is hereby dismissed.November 11, 2010 (G...
...offence under Section 308 IPC and the act which has been conducted with an intention or knowledge that it may cause death, is sufficient to constitute offence under Section
...( State Vs. Radhe Shyam and three others), arising out of case crime No. 314 of 2019, under Section 308 IPC, Police Station Mau Aima, District Prayagr...revisionists has been rejected.
3. Learned counsel for the revisionists has submitted that the injury caused to the injured is not sufficient to constitute offence under Section 308 IPC. The...
...entire prosecution story is incredible and is the outcome of an FIR earlier lodged by brother of the applicant, Balakram under Section 453, 323, 504 and 506 IPC and where after the statement of the doctor, ...entire criminal proceedings of Special Case No. 96 of 2023, State Vs. Indal Singh (arising out of Case Crime No. 309 of 2022), under Section 354 Kha and 506 IPC, Section 7/8 of POCSO...submission is that it is for the said reason that the charge-sheet has been filed for the offence under Section 354 Kha/506 IPC and section 7/8 of POCSO Act.
It is argued that the...
...registered under Sections 323,452, 506 IPC read with Section 34 IPC. Offence under Section 325 IPC was added after taking opinion from the Doctor on 16.09.2020. On the basis of a...under Sections 323, 452, 506 read with Section 34 of IPC, 1860 (Sections 325 and 308 of IPC, 1860 added later on) at Police Station Rai, District Sonepat, Haryana. Notice of motion was issued on...location of costo-condrol junction on both sides in the shape of linear fracture. The injuries were declared to be grievous in nature by the Doctor on 06.09.2020 itself, but the police has not recorded...
...injury on his head on account of which, applicant has been charge sheeted under Section 308 IPC. The issue as to whether, an offence under Section
308 IPC is ...others), including Charge Sheet No. 491 of 2021 dated 24.09.2021, arising out of Case Crime No. 364 of 2021, under Section 323, 504, 506, 427, 308 IPC, Police Station.... 364 of 2021, under Section 323, 504, 506, 427, 308 IPC, Police Station- Handia, District-Prayagraj as well as cognizance...
...no offence under Section 308 IPC can be said to be made out against him. Lastly, it is submitted that investigation is going on and the applicant is under apprehension of imminent arrest. In case, he...the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 331 of 2022, under...sections 341, 506, 308 IPC, Police Station- Madiahu, District- Jaunpur.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in...
...no.2 to 6 under Sections 323, 324, 504 and 325 IPC. The applicant preferred an application on 28.04.2023 for addition of Section 308 IPC in the charge sheet. The said application was rejected by the....
3. Counsel for the applicant submits that on the basis of the medical report of the doctor and from the material available on record charge-sheet ought to have been submitted under Section...Sri V.P. Tripathi, learned A.G.A. for the State.
2. Counsel for the applicant submits that the applicant lodged an NCR No. 47 of 2021, under Sections 323, 504 IPC on 18.12.2021. On...
...doctor and as such, offence under Section 308 IPC is not made out against the applicants.
7. Learned counsel for the applicants has next drawn the attention of this Court.... 420 of 2018, under Sections 323, 504 and 308 IPC, Police Station Nawabganj, District Bareilly, pending in the court of Judicial Magistrate, Nawabganj, District Bareilly, pending in the court of Judicial..., under Sections 323, 504 and
308 IPC, Police Station Nawabganj, District Bareilly, pending in the court of Judicial Magistrate, Nawabganj, District Bareilly...
...had caused injuries to the complainant with Kirpan. Counsel for the petitioner has submitted that offence under Section 308 IPC was added on the basis of the report of the Doctor after a period of one...surrenders in the added offence under Section 308 IPC, they would be entitled to file an application for the grant of regular bail which will be decided expeditiously....year.I have heard the counsel for the parties.It is an admitted fact that as per the report of doctor of PGI, the injuries on the person of Saudagar Singh were declared...
...under Section 161 Cr.P.C. The treatment of the injured was conducted in T.C.M.C. Instead of examining the doctor of TCMC with respect to report, I.O. has examined it whereas addition of offence under ...Crime No. 139 of 2014, under Sections 323, 504, 308 IPC, P.S. Khargupur, District- Gonda. It has been argued by learned counsel for the applicant that initially an FIR under Section 155 Cr.P.C. was...personally or through his counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229 A of IPC.
(iv) In case, the applicant...
...injuries were simple in nature according to the opinion of the doctor. Learned counsel contends that no vital part was affected, hence, offence under Section 308 IPC would not attract.
.... 14/2018, whereby the learned Trial Judge has framed charges for offences under Sections 323 and 308 IPC. In the alternative for offences under Sections 325/34 and 308/34 IPC.
...people, who came for rescue.
4. Learned counsel for the petitioners submits that the injured in his statement under Section 161 Cr.P.C. stated that on 21.04.2018, when he had gone...
...the course of trial, however, at this stage it will be premature to hold that the offence under Section 308 IPC is not made out
1
aga...Pathra Bazar, District Siddharth Nagar.
The only submission made by learned counsel for the applicants is that offence under Section 308 IPC is not made out against the applicants...injury report, whether the case would fall under Section 308 or 324 IPC could be decided by the trial court only after the evaluation of entire oral evidence that may be led by the prosecution as...
.... S.C Jain the case of the accused appellant comes under Section 308, IPC instead of Section 307, IPC. The doctor in his opinion has not opined that the injury ...accused appellant comes under Section 308, IPC instead of Section 307, IPC.15. In the result, this criminal appeal is partly allowed and the accused...appellant Suman is convicted and sentenced for the offence under Sections 308, 326, and 324, IPC instead of Section 307 IPC, and the accused appellant be released for the period...
...Police. Of course, as regards the allegation under Section 308 IPC, things are not definite. However, a clear case of Section 326 IPC is made out.5. In the result, this application ...and 308 read with Section 149 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for...mastoid area, and also ear block due to the traumatic perforation of left tympanic membrane. The said injury is noted as grievous by the doctor. If so, Section 326 IPC will have to be incorporated by the...