appellant Gurmukh Singh was
convicted under section 302 of the Indian Penal Code and
sentenced to imprisonment for life and a fine ... meditation, Part 3 of section 300 of the Indian Penal
Code could not be attracted because it cannot be said that the
accused intended
304B of the Indian penal
Code and awarded the maximum sentence of life imprisonment
prescribed thereunder on him besides Section 498A IPC.
However ... Section 302 IPC could be convicted
alternatively under Section 304-B IPC, without the said
offence being specifically
304-B and 498-A of the Indian Penal Code,
1860 (for short, ` IPC ') and sections 3 and 4 of the Dowry ... 304-B IPC is not made
out, the conviction under section 498-A IPC can be recorded.
Sections 304
murder, and that too, punishable under the second
part of Section 304 IPC. In the end, Mr. Bhalla also prayed on
behalf ... accused for the
death of the deceased is altered to Section 304(II) IPC the
sentence of imprisonment for that offence
which reads as follows:
"9. Two essential ingredients of S.304-B I.P.C., apart from
others, are (i) death of woman ... dowry'. The explanation appended to sub-s.(1) of
S.304-B I.P.C says that 'dowry' shall have the same
fourclauses of section 300 , Indian Penal Code, the breach of which is punishable under section 302 , Indian Penal Code the effect that the injury ... offence under section 304(ll) , Indian Penal Code, and not one under section 302 , Indian Penal Code, would be made out against the respondent
which may fall either under Section 302 or under Section 304 IPC, the judge is bound to explain to the jury not only
framing a charge under Section 306 Indian Penal Code and; therefore, presumption under Section 113-A of Indian Evidence Act cannot be drawn and consequently ... under Section 313 CrPC would show that they had enough of notice of the allegations which attract Section 306 Indian Penal Code also
under section 304 IPC is committed.
9. Section 304 of Indian Penal Code provides
for punishment for culpable homicide not amounting
to murder ... death. Therefore if a charge for the
offence under section 304 of Indian Penal Code is
to be framed, there should be material to satisfy
Therefore, the ingredients of the murder as defined in Section 300 , Indian Penal Code, have not been established against the accused. In our opinion ... guilty of culpable homicide not amounting to murder Under Section 304 , Indian Penal Code, and considering the fact that the accused had no intention
