purposes of this section,
"dowry death" shall have the same meaning as in
Section 304-B of Indian Penal Code ... single incident of
cruelty covered by Section 498-A was proved by the prosecution.
Section 304-B of the IPC was brought on the statute
framed under Section 302 IPC is concerned, came to its conclusion that since the accused have been convicted under Section 304-B IPC the alternative ... aspect of sentencing. Primarily, in cases involving conviction under Sections 307 , 304 , 304-B and 376 IPC, we have come across instances that make
held that:
"17. While considering the case under Section 498-A
(Sic. Section 304-B), cruelty has to be proved during
the close proximity ... Sections and that has to be
proved. The Explanation to Section 498-A gives the
meaning of "cruelty". In Section 304-B there
already noted above, Section 113-B of the
Evidence Act and Section 304-B IPC were introduced
into their respective statutes simultaneously and,
therefore ... postulation of Section 101 of the Evidence
Act. The purpose of Section 113-B of the Evidence Act
and Section 304-B
purposes of
this section, "dowry death" shall have the same
meaning as in Section 304-B of Indian Penal Code ... this section, "dowry death" shall have the same
meaning as in Section 304-B of Indian Penal Code
caused the dowry death."
16. Section 304-B IPC states that:
"304-B.Dowry death.--(1) Where the death of a
woman ... soon before" appear in Section
113-B of the Evidence Act, 1872 and also in Section 304-B
order to draw presumption under
Section 113-B of Indian Evidence Act to infer the basic
ingredients of Section 304-B ... dowry
demand, Section 113-B of the Evidence Act also comes into
30
2025:JHHC:13961
play. Both these sections, Section 304
relative section, ‘dowry death’ shall have the same
shall be deemed to have caused her death. meaning as in Section 304-B of the Penal ... perusal of Section 2 shows that 9. The ingredients of the offence under
this definition can be broken into six Section 304-B IPC have
304-B IPC in the following terms:
"9. A conjoint reading of Section 113-B of the Evidence Act and Section 304-B ... soon before" is very relevant where Section 113-B of the Evidence Act and Section 304-B IPC are pressed into service. The prosecution
Sultan
Khan and Niyaz Bi were convicted for offence punishable under Section
304 B of IPC and Section 498 A of IPC and were sentenced ... expression
"soon before her death" used in Section 304-BIPC and Section 113-B
of the Evidence Act is present with the idea
