brought about sweeping changes in the
penal statutes, and Sections 304-B of the Indian Penal
Code, 1860 (in short the ' IPC ... this
section 'dowry death' shall have the same
meaning as in Section 304-B of the Indian
Penal Code
under section 304B of the Indian penal
Code and awarded the maximum sentence of life imprisonment
prescribed thereunder on him besides Section 498A IPC ... package along with Section 113-B of the
Evidence Act. Section 304-B(1) IPC reads thus: 304-B.
Dowry death.- (1) Where
committed an offence punishable under Section 498-A, Section 304-
B and Section 306 of the Indian Penal Code ( IPC ) and whether ... care
of an offence under Section 304-B also. However, an offence under Section
304-B of the IPC has been made
sections 302 / 34 , 304-B and 498-A of the Indian Penal Code,
1860 (for short, ` IPC ') and sections ... 304-B IPC is not made
out, the conviction under section 498-A IPC can be recorded.
Sections 304-B
Section 302 but had been convicted under Section 306 IPC.
This Court felt that having acquitted the accused for an
offence under Section ... wherein the accused was charged with an offence
under Sections 302 , 498A and 304-B IPC, but finally was
convicted under Section
Section 113-B of the Evidence Act, 1872, in order to bring home the guilt
against an accused under Section 304-B IPC ... rebut the
presumption and in case of Section 113-B relatable to Section 304-B IPC,
the onus to prove shifts exclusively
rebut the presumption and in case of
Section 113B relatable to Section 304B IPC ,
the onus to prove shifts exclusively ... peculiarities of Section
304B, IPC read with Section 113B, Evidence Act.
21. Section 232 , CrPC assumes importance, which reads
judgment of conviction and
sentence under Section 498-A and Section 304-B
Indian Penal Code. By the said judgment, the
learned Sessions Judge ... requirements of
both Section 113-B of the Evidence Act, 1872 and
Section 304-B of the Indian Penal Code.
15
18. Accordingly
awarded sentence of imprisonment for
life for the offence punishable under Section 304-B I.P.C. On appeal the
High Court having examined ... presumption under Section 113-B of the Evidence Act has rightly been drawn
and the appellant is convicted under Section 304-B
dated 8.6.1994 under section 498-A and 304-B ,
Indian Penal Code (in short ‘ IPC ’) was registered in the Police Station,
Fatehabad ... compound, which conclusively
establishes the appellant guilty under Section 304-B of the Indian Penal
Code. The High Court further recorded the findings that
