Code of Criminal Procedure — Section 304

section 304.) of the Indian Penal Code, and within the cognizance of this Court.

(7) That you, on or about the day of , at , abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 (On section 306.) of the Indian Penal Code, and within the cognizance of this Court.

(8) That you, on or about the day of , at , voluntarily caused grievous hurt to , and thereby committed an offence punishable under section 325 (On section 325.) of the Indian Penal Code, and within the cognizance of this Court.

(9) That you, on or about the day of , at , robbed (state the name), and thereby committed an offence punishable under section 392 (On section 392.) of the Indian Penal Code, and within the cognizance of this Court.

(10) That you, on or about the day of , at , committed dacoity, an offence punishable under section 395 of the Indian Penal Code, and within the cognizance of this Court.

II. CHARGES WITH TWO OR MORE HEADS

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :---

(b) On section 241. First---That you, on or about the day of, at, knowing a coin to be counterfeit, delivered the same to another person.

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(The Second Schedule.)

by name, A.B., as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly--That you, on or about the of day of;

at , knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the congnizance of the Court of Session.

(c)And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)] :-

(2) On section and 302 and 304 First-That you, on or about the . day of,

at , committed murder by causing the death ofand 3 thereby

committed an offence punishable under section 302 of the Indian 3 Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the day of , at, by causing the death of, committed culpable homicide not amounting to murder, and thereby committed an offence punishable under ,section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.

(3) On sections 379 an 362. First-That you, on or about the day of, at, committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly-That you, on or about the day of, at, committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Thirdly-That you, on or about the day of, at, committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Fourthly-That you, on or about the day of, at, committed theft, having made preparation for causing fear of hurt to a

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(The Second Schedule.)

person in order to the retaining of property taken by such theft an thereby committed an offence punishable under section 382 of the India Penal Code, and within the cognizance of the Court of Session.

(4) Alernative charge on sectin 193. That you, on or about the day of, at, in the course of the inquiry into, before, stated in evide- nce that" and that you, on or about the day of at in the course of the trial of before stated in the evidence that one of which statements you either knew or believed to be false, or did not believeto be true, and thereby committed an offence punishable under section 193 of the Indian Penal Code, and within the cognizance of the Court of Session.

(In cases tried by Magistrates substitute "within my cognizance", for " within the cognizance of the Court of Session".)

III. CHARGES F0R THEFT AFTER PREVIOUS CONVICTION

I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows :-

That you, on or about the day of at committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be).

And you, the said (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the

day of , had been convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code.

And I hereby direct that you be tried, etc.

FORM No. 33

SUMMONS TO WITNESS

(See sections 61 and 244)

To of .

WHEREAS complaint has been made before me that (name of the accused) of (address) has or is suspected to have committed the offence

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(The Second Schedule.)

of (state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution ;

You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court;and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.

Dated, this day of , 19. (Seat of the Court) (Signature)

FORM No. 34

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE

IF PASSED BY A 1 [COURT]

2[(See sections 235, 248 and 255)]

To the Officer in charge of the Jail at .

WHEREAS on the day of , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 , was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely) under section (or sections) of the Indian Penal Code (or of Act),and was sentenced to (state the punishment fully and distinctly);

This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.

Dated, this day of , 19.

(Seal of the Court) (