learned Judge
framed charges for offences punishable under Sections
498A, 302 alternatively 304B read with Section 34 of
IPC, further, for the offences punishable under ... Begum
is concerned, that is the reason for adding Section 302
or 304B of IPC . Regard being had to the fact that the
case
APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 498 A AND
304B ... UNDERGO R.I. FOR 10 YEARS FOR THE OFFENCE P/U/S
304B OF IPC . AND THE APPELLANT/ACCUSED IS
SENTENCED TO UNDERGO
THEREBY TAKING COGNIZENCE FOR THE
OFFENCES PUNISHABLE UNDER SECTION 498A, 304B, 302,
323, 504, 506, 201 READ WITH 34 OF IPC AND SECTION ... 2016, as a split-up case, for the offences under
Sections 498A , 304B , 302 , 323 , 504 , 506 , 201 read with
Section 34 of Indian Penal
learned trial Judge has not dealt with the
ingredients of Section 304B of IPC and whether it was a
case of dowry death ... Indian Evidence Act. It is
useful to extract both these provisions;
304B. Dowry death.-- (1) Where the death
of a woman is caused
accused No.1 against
his conviction for offences punishable under Section 304B of
the Indian Penal Code, 1860 (hereinafter referred ... commit
suicide would make out an offence punishable under Sections
498A and 304B of IPC as well as Section 4 of the DP Act, rests
persons were acquitted by
the Trial Court for the offences under Sections 304B and 306 of
IPC and under Sections ... also under Sections 498A , 306 and 304B of IPC.
The allegations made against the accused which led to filing of a
chargesheet are that
effect on finding persons guilty in
terms of Section 304B of the IPC in the following words:
35
"9. The law as it exists ... proving all the ingredients of dowry death as
laid down under Section 304B of IPC by preponderance
of probabilities, Section 113B of the Act mandatorily
Gulbarga, acquitting the respondents-
accused for the offences punishable under Sections
498A, 304B and 306 r/w Section 34 of Indian Penal
Code and Sections ... probabilities, all the ingredients of
dowry death as laid under Section 304B of IPC are
attracted, then the burden shifts upon the accused to
rebut
police have
filed charge sheet for the offence punishable under
Section 304B of IPC also. Section 304B of IPC will be
attracted on the unnatural ... Once Section 306 of IPC is entered,
Section 304B of IPC has no place vis-à-vis abetment to
commit suicide within the meaning
charge sheet against the
accused alleging offences punishable under sections 498A ,
304B and 302 of IPC and sections 3 , 4 , and 6 of the Dowry ... Indian Penal Code as well as an alternative charge under
section 304B of the Indian Penal Code. The accused was
6
also charged