convicted the petitioner for an offence punishable under Section
498A of the Indian Penal Code, 1860 (hereinafter referred to as ' the
IPC ... following words:-
"25. The test under Section 498A Indian Penal Code is whether
in the facts of each case, it is probable that
498A
IPC, because none of the ingredients of Section 498A IPC is
attracted to the facts and circumstances of the case ... accepted in toto, it will
not attract the ingredients of Section 498A IPC and the charge
9
levelled against the accused on this
alleged cruelty does not
fall within the purview of Section 498A IPC and
therefore he claims that the trial court was
justified ... life itself is
not sufficient to attract the provisions of Section
498A IPC. The Apex Court has further observed that:
"The foundation
Dowry Prohibition Act exists.
9. S.498A IPC was introduced to combat the menace
of dowry deaths and harassment to a woman ... term "cruelty", which
has been made punishable under S.498A IPC has been
defined in the Explanation appended to the said
connection with
the marriage?
5) Offences punishable under Secs.498A
and 302 of IPC and Secs ... respondent was required to be convicted under sections- 498A,
304B and 304 IPC .
7. According to him, merely because there are certain
contradictions
challenging the
acquittal of respondents for the charge under Sections
498A and 494 of IPC.
3 Crl.A.NO.1372 ... therefore, respondents were prosecuted for the charge
under Section 498A and 494 of IPC. The complaint of
this incident was filed
offences
punishable under Sections 498A, 506, 302 and 201 r/w
Section 34 of the Indian Penal Code and passing sentence for
the above-said ... offence
under Sections 498A, 506, 302 and 201 r/w
Section 34 of the Indian Penal Code and
awarding sentence for the above-said
offences
offences punishable under
Sections 498-A , 306 of Indian Penal Code,1860 and sentencing
them to undergo simple imprisonment for a period of 2 years ... have been
convicted for offences punishable under Sections 498A , 306
and 304B of the Indian Penal Code, 1860 (Hereinafter referred
to as the ' IPC
IPC r/w.
Section 34 of IPC. and Section 4 of Dowry Prohibition Act
r/w. Section 34 of IPC ... thereby, they are alleged
to have committed offence punishable under Section 498A
IPC r/w. Section 34 of IPC
offences
-2-
Crl.A.1534/06
punishable under Sections 498A , 506 of IPC R/w
Section ... circumstances to attract Section-
-5-
Crl.A.1534/06
498A IPC and as PW.1 is independent witness, the trial
Court committed
