SCALE (2)988
ACT:
Indian Penal Code , 1860: Sections 304-B and 498-A --Scope of.
Dowry Death--Relative of the husband of a woman ... that Sections 304-B and 498-A are mutually exclusive and
that when once the cruelty envisaged in section 498-A culmi-
nates in dowry
mother of appellant No.1 respectively under
Sections 304-B , 498-A and 306 of the Indian Penal Code (for short ... learned Single Judge, while
quashing the charges under Sections 498-A and 304-B I.P.C.
against the appellants, partly allowed their petition
said appellants,
challenging their conviction and sentence under Section
304-B, 498-A read with Section 34 of the Indian Penal
Code (for short ... aside the conviction of both the appellants
under Sections 304-B , 498-A read with Section 34 IPC
but has found both of them guilty
August, 1998 and 25th August,
1998 for offences under Sections 498-A , 304-B and 306 of Indian
Penal Code, 1860 (hereinafter referred ... Shanti Devi and
charges were framed against them under Sections 498-A , 304-B and
306 IPC. The said two accused pleaded not guilty, thus
absence of any evidence
to prove the charges under Sections 304-B and 498-A
IPC, the trial Court, as also the High Court ... a finding
that their evidence was sufficient to bring home
the guilt of the Appellants under Sections 498-A
and 304-B
accused persons. FIR has been
registered under Sections 304-B and 498-A of the Indian Penal Code. The
appellants claimed that it was a ... there was no dowry demands and no offence
under Sections 498-A and 304-B of IPC was made out. Instead it was a case
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appellant for the charges under Sections 304B and 498
A IPC .
2. The case of the prosecution in brief ... completion of the
investigation, charge sheet was filed under Sections 304
B and 498A of IPC . The appellant pleaded not guilty and
claimed
this case were found guilty of offence punishable
under Sections 498-A and 304-B Indian Penal Code (for short, “ IPC ”) by the
Sessions Judge ... such complaint FIR No.103 dated 14.4.2005 under
Sections 304-B / 498-A / 406 / 34 IPC was registered. Subsequently, on the basis
of above allegations
appellants as awarded by the Trial Court
under Sections 498-A , 304-B , IPC and Sections 3 & 4 of the Dowry
Prohibition ... acquitted the accused of the charges under
Section 498-A , 304-B IPC and Sections 3 & 4 of the Dowry Prohibition Act
and convicted
A does not apply in the case and
acquitted all the accused-respondents from the charges under Section 498-A,
Section 304-B and Section ... b) of Section 498-A
IPC, when we hold all the accused Nos.1 to 6 guilty for the offence under
Section 498-A
