fine of Rs.1,00,000/- for offence punishable under Section 304-B I.P.C., three years' rigorous imprisonment and fine ... I.P.C., hence there required no separate sentence for offence punishable under Section 498-A I.P.C. as well as Section 304
filed. Charge was framed in respect of
offence punishable under section 304 , IPC.
4. Questioning the correctness of the charge, the instant
revision ... been filed.
5. Learned counsel for the petitioner contends that section
304 , IPC has no application to the fact situation in hand
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
accused-appellant Dhruv Raj Rai has been convicted under Section 304 Indian Penal Code (hereinafter referred to as ' IPC ') and sentenced ... Cr.P.C. and sentenced to two years rigorous imprisonment. In default of payment of fine under Sections 304 and 326 IPC, accused
Case Crime No. 162 of 2004, under Sections 147 , 149 , 336 , 323 , 304 I.P.C., at Police Station Durgaganj. This registration of case crime ... filed, whereupon Magistrate took cognizance.
4. As offence, punishable under Section 304 I.P.C., was exclusively triable by court of Sessions, hence learned Chief
considered view that as per provisions of Sections 299 of Indian Penal
Code, if a person commits culpable homicide which amounts to causing
death ... under Section 304A of the
Indian Penal Code and not in respect of an offence punishable
under section 304 of the IPC
reproduce Section 304 B IPC which reads as follows.:
"Section 304B in The Indian Penal Code
1[304B. Dowry death.--
(1) Where ... 304 B is 7 years which may extend to life imprisonment.
30. For establishing the proof of an offence under section 304 B IPC
Section 299 I.P.C., he will be punishable either under Section 302 I.P.C. or under Section 304-I ... I.P.C. There is no difficulty in applying Section 34 I.P.C. so interpreted to a case which falls under Section 304
provided under Section 207
Cr.P.C and then finding that the offence under Section 304-B IPC was
exclusively triable ... IPC,
whereas, acquitted them for offence under Section 304-B IPC. Raj Kumar
and Krishna Wanti accused who were convicted under
accused-appellant Ram Milan. Therefore, the conviction of Ram Milan under Section 304 I.P.C. is also proved beyond reasonable doubt ... will not be proper to punish all accused-appellants under Section 304 I.P.C.
29. It is also clear from the evidence produced
