surmises.
Let us see Section 304 I.P.C. The ingredients necessary
for the application of Section 304-B are :-
[a] When the death ... cruelty both within
the meaning of Section 498-A and Section 304-B IPC.
The argument, that There is no evidence of any cruelty
this section, "cruelty" shall have the same meaning as in section 498-A of the Indian Penal Code (45 of 1860).] 113-B. Presumption ... Explanation. - For the purpose of this section, "dowry death" shall have the same meaning as in Section 304-B of Indian Penal Code
event the case can be
considered in terms of Section 306 IPC.
Section 304-B IPC deals with dowry death reads as
follows:
"304 ... Sections and that has to
be proved. The explanation to Section 498-A gives the
meaning of 'cruelty'. In Section 304-B there
Section 113-B of the
Evidence Act. Section 304-B(1) IPC reads thus: 304-B.
Dowry death.- (1) Where the death of a woman ... failed to make out the case under Section
302 IPC, but the offence under Section 304-B IPC has been
made out, the court
purposes of this section `dowry death' shall have the
same meaning as in Section 304-B of the Indian Penal Code ... before her death.
A conjoint reading of Section 113B of the Evidence Act and Section 304-B
shows that there must be material to show
Madhya Pradesh
of having committed an offence punishable under Section 498-A, Section 304-
B and Section 306 of the Indian Penal Code ... both these sections were mutually exclusive and a conviction can be founded
on either of these sections but not both.
Section 304-B
mother-in-law of the
deceased were put to trial under Sections 304-B , 498-A and 201 IPC. The
Trial Court, after considering ... sentenced them to undergo rigorous imprisonment
for 7 years under Section 304-B IPC. They were also sentenced to 3 years RI
and fine
High Court confirming the order of
conviction passed under Section 304-B IPC and sentencing the
appellant to undergo rigorous imprisonment for seven years ... Section 306 IPC. The trial
court acquitted the appellant of the charge punishable under
Section 306 IPC and convicted him under Section 304-B
under sections 302 and 498-A and sections 3 & 4 of the Dowry
Act. He was however acquitted under section 304-B ... sections 498-A IPC and
sections 3 and 4 of the Dowry Act are different from the
ingredients of section 304-B IPC. This erroneous
under
Section 302 but had been convicted under Section 306 IPC.
This Court felt that having acquitted the accused for an
offence under Section ... wherein the accused was charged with an offence
under Sections 302 , 498A and 304-B IPC, but finally was
convicted under Section
