Reason:
herein for dropping the charge under Section 304 of the
2
Indian Penal Code , 1860 ( IPC ). This application ... have to keep in view Section 299
of the Indian Penal Code which defines culpable
homicide. It lays downs that :-
“Whoever causes death
charge should be framed under Section 304A
instead of Section 304 Indian Penal Code is not in accordance with law
as the materials ... case.
(vi) The charges framed u/s 279 & 304 of Indian Penal Code
cannot go together.
(vii) Charges u/s 279 with
accused guilty of
the offence under Section 304-B of the Indian Penal Code, 1860
(for short, „the IPC ... common ground that a charge
under Section 304B Indian Penal Code is not a substitute
for a charge of murder punishable under Section
framing charges under Sections 304 Part II, 308
read with Section 36 of the Indian Penal Code and under Section 11C read with ... constitute the graver offences
punishable under Sections 304 (II) or 308 of the Indian Penal Code .
In order to appreciate such contention
charges under Sections 498-A and 304-B of the
Indian Penal Code, 1860 (for short, „the IPC ... common ground that a charge
under Section 304B Indian Penal Code is not a substitute
for a charge of murder punishable under Section
IPC to the charge of Section 304-B IPC so that death sentences can be imposed ... common ground that a charge under Section 304-B IPC is not a substitute for a charge of murder punishable under
submitted that the
trial Court, while framing the charge under Section 304 IPC has erroneously
taken the aid of Explanation ... trial Court erred in
framing the charge under Section 304 IPC, as, at the stage of framing of the
charge
Indian Penal Code , 1860
(hereinafter in short ' IPC ') .
2. Facts giving rise to the appeal, in nutshell ... CrPC, it cannot be said that,
error, omission or irregularity in not framing the alternate charge
under Section 304-B IPC
under Section 161 Cr.P.C are
sufficient for him to alter the case into one under Section 304(B) I.P.C. In
view ... have the same
meaning as in section 304B , of the Indian Penal Code (45 of 1860).
30.Dowry death has been defined
offences
punishable under Sections 498-A , 304-B , 302 and 201 / 34 of the
Indian Penal Code (for short ' IPC ... Cr.P.C on 09.03.2017 for
addition of charge under Sections 304-B and 302 of the IPC to the
original
