appellants who were found guilty of offences punishable under
Section 304B and Section 498A of the Indian Penal Code, 1860 (for short ... from nine
years to seven years for the offence punishable under Section 304B IPC
but confirmed the sentence five years as imposed in respect
Metropolitan Sessions Judge,
Hyderabad convicted the appellant for offence punishable
under Section 304B and sentenced him to undergo
imprisonment for ten years ... show any demand of dowry and therefore neither
Section 498A nor Section 304B had any application. It was
pointed out that the deceased stayed
appellants stood charged for alleged commission of offence
punishable under Section 304B read with Section 34 of the
Indian Penal Code, 1860 (in short ... aside and the accused persons were found
guilty under Section 304B read with Section 34 IPC and each
was sentenced to undergo RI for seven
question legality of his conviction for an offence punishable Under Section 304B of the Indian Penal Code, 1860 (in short, ' IPC ') and sentence ... submitted and accused faced trial for commission of offence punishable Under Section 304B IPC.
3. Ten witnesses were examined to further the prosecution case. Kartik
deals with dowry death which reads as follows :
"304B. Dowry Death - (1) where the death of a woman is caused by any burns ... been inserted. As per the
definition of `dowry death' in Section 304B IPC and the wording in the
presumptive Section 113B of the Evidence
follows:
The appellants-accused were tried for offences
punishable under Sections 498A , 304B and 306 IPC. Accused
No.1 Balwant Singh was father ... Second Amendment) Act, 1983. It is
to be noted that Sections 304B and 498A , IPC cannot be held
to be mutually inclusive. These provisions deal
cruelty in Section 498A.
Likewise, the thrust of the offence under Section 304B is
also the "Dowry Death". Consequently, the evil sought ... legally not recognizable. Even then the purpose for which
Sections 498A and 304B- IPC and Section 113B of the Indian
Evidence Act, 1872 (for short
sentence. Appellants faced trial for
commission of offences punishable under Section 304B
read with Section 34 of the Indian Penal Code, 1860 (in
short ... against all the appellants to convict them for offences
punishable under Sections 304B / 34 and 498A / 34 of the
IPC and also under Sections
cruelty in Section 498A . Likewise, the thrust of
the offence under Section 304B is also the "Dowry Death". Consequently,
the evil sought ... legally not recognizable. Even then
the purpose for which Sections 498A and 304B- IPC and Section 113B of the
Indian Evidence Act, 1872 (for short
submitted that
since the appellants were acquitted of charge punishable under Section
304B IPC, consequentially the trial court ought to have acquitted the
appellants ... Second Amendment) Act, 1983. It is to be noted
that Sections 304B and 498A , IPC cannot be held to be mutually inclusive.
These provisions deal
