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1 - 10 of 10 (0.20 seconds)Section 304B in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
Section 34 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Chandra Prakash vs State Of Rajasthan on 9 May, 2014
11. This Court in 'Prakash Chander vs. The State', 1995 Crl.L.J.
368 had the occasion to deal with such a situation. In that proceedings also,
the accused persons therein were charged for the offence under Section 302
IPC read with Section 34 IPC for intentionally or knowingly in furtherance
of their common intention causing the death of one Swaran Kanta. In the
alternative, they were charged for the offence of dowry death punishable
under Section 304 B IPC. The learned Addl. Sessions Judge acquitted Pyare
Lal, Usha, Praveen Kumar and Lila Wanti of the charge under Sections
302/34 IPC. Prakash Chander was, however, found guilty of offence of
murder of his wife and was convicted under Section 302 IPC modifying the
charge from Section 302/34 IPC to Section 302 IPC. The alternative charge
under Section 304B IPC against Lila Wanti was modified and she was
convicted under Section 498A IPC. Regarding Prakash Chander, the learned
Addl. Sessions Judge held that the 'alternative charge did not survive and it
was cancelled'.
Tapas Kumar Ghosh vs State Of W. B. on 26 March, 2015
In similar circumstances, in case 'Tapas Kumar Ghosh vs. State
of West Bengal', 2011 (15) SCC 354, the Trial Court had framed alternative
charge under Sections 302/34 IPC, besides charges under Sections
498A/304B/34 IPC. Convicting the accused under Sections 498A/304B
IPC, the Trial Court specifically recorded in its judgment that the Court was
not considering the alternative charge under Section 302 IPC. The said
judgment was confirmed by the High Court, reducing the period of sentence.
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