Trial Court
under Section 498-A was not for demand of dowry. The
conviction under Section 498-A was on account of mental
cruelty ... clear from a plain
.
reading of Section 498-A that conviction for an offence
under Section 498-A IPC can be for willful conduct which
Trial Court
under Section 498-A was not for demand of dowry. The
conviction under Section 498-A was on account of mental
cruelty ... clear from a plain
.
reading of Section 498-A that conviction for an offence
under Section 498-A IPC can be for willful conduct which
Sections 306 and 498-A of the RPC.
561-A Cr.P.C. No.176/2009 c/w 561-A ... A Cr.P.C . No.82/2010 Page 10 of 13
Section 498-A RPC and only thereafter Section 306 of RPC is applicable.
Section
were convicted and sentenced to undergo rigorous imprisonment under
Section s 306/498-A of the Indian Penal Code (hereinafter referred to as
`the Code ... 306 read with 498-
A but proved. The cruelty is essential to be proved under both
Sections 498-A and 306 . The finding of conviction
Prem Dass and Smt. Asha Rani, have been convicted under Sections 306 / 498-A IPC vide judgment dated 18th January, 1989, passed by Sessions Judge ... circumstances in a particular case exclude the occurrence to be a case of dowry death or an offence under Sections 306 / 498-A
a case of murder and the accused
stand charged for having committed offences, punishable
under the provisions of Sections 498-A & 306 , both read ... noted is Section 306 IPC. The basic
difference between the two sections i.e.
Section 306 and Section 498-A is that of
of
intention
CRILR(SC MAH GUJ) 164
Author: A.M. Kapadia
Bench: A.M. Kapadia , K.A. Puj
JUDGMENT
A.M. Kapadia, J.
1. Appellant ... adding Sections 498-A , 306 and 114 of the IPC. Thereafter by the order of this Court, the order of investigation under Section
learned A.P.P. further
submitted that, the appellants/accused are rightly convicted
U/Sec. 498-A, 306 r/w Sec. 34 of the Indian ... required to be examined in
the light of ingredients of Sec. 306 , 498-A and 34 of the Indian
Penal Code. Even if the prosecution
offences punishable under Section 147 , 143 , 498-A , 306 r/w, 149 IPC ., and prepared FIR and sent the same to the court through ... under Section 498-A IPC which drove her to commit suicide and thereby committed the offence punishable under Section 498-A and 306
Section 498-A IPC, deals with husband or relative of husband of a
woman subjecting her to cruelty. Section 306 IPC deals with abetment ... Court having acquitted all the accused for the
offences under Sections 498-A , 306 IPC and Section 3 of the Act, 1961,
should not have
