Whether the petitioner who has been convicted for an
offence under Section 304-B IPC is entitled to release under
the provisions of the Probational ... vehemence
that there are various sections under the Indian Penal Code which are more
serious than Section 304-B IPC and life sentence has been
appellants were held
guilty for commission of offence under Sections 304-B and 498-A IPC and
sentenced to undergo as under, vide order dated ... dowry by itself is not an offence under Section 498-A or Section
304-B IPC but punishable under Section 498-A or Section 304
death. Vide
judgment dated 26.2.2001, all the appellants were convicted under Section
304-B of the Indian Penal Code and vide order dated 27.2.2001, they ... accused and they were charge sheeted for the offence under Section
304-B IPC, to which they did not plead guilty and claimed trial
Shri B.B.Parsoon, the then learned Additional
Sessions Judge, Ambala vide which they have been convicted under
Sections 498-A and 304-B ... commitment, all the accused were charge-sheeted under
Sections 302 read with Section 34 IPC, 304-B
They have committed offences under Sections 306 and 498-A of the Indian Penal Code. Offence under Section 304-B of the Indian Penal Code ... convicted under Sections 306 and 498-A of the Indian Penal Code though the charge was framed against them under Section 304-B
under:
"A conjoint reading of Section 113-B of the Evidence
Act and Section 304-B IPC shows that there must be material ... soon before' is very
relevant where Section 113-B of the Evidence Act and Section
304-B IPC are passed into service. The prosecution
accusation of having
committed the offences punishable under sections 304-B & 498-A read
with section 34 IPC by the police of Police Station ... dowry". The explanation appended to sub-section (1) of
Section 304-B IPC says that "dowry" shall have the same meaning
period of
three months, for the commission of offence punishable under Section
304-B IPC.
2. Shorn off unnecessary details, the facts and evidence unfolded ... naturally fall within the ambit and purview of Section 306
IPC and not under Section 304-B IPC.
38. An identical question arose for determination
earlier charged under Section 302
read with Section 34 of the Code and later on alternative
charge under Section 304-B of the Code ... committed by the
appellants would fall under Section 306 of the Code and not under
Section 304-B of the Code, as has been held
against them under Section 113-B of the Indian Evidence Act. The instant case, thus, falls within the mischief of Section 304-B ... presumption to be drawn under Section 113-B of Evidence Act for the offence of Section 304-B , I.P.C., it has been held
