Section 306 Indian Penal Code and; therefore, presumption under Section 113-A of Indian Evidence Act cannot be drawn and consequently a conviction under Section ... given under Section 313 CrPC would show that they had enough of notice of the allegations which attract Section 306 Indian Penal Code also
discharge burden under
:5:
Section 113-B of Evidence Act. When all ingredients of
section 304-B-B of I.P.C . are proved, then ... presumption under section 113-
B, Indian Evidence Act.
(11). The actual words used in Section 304-B IPC are
of importance. This section
Section 113-B of the Indian Evidence Act, 1872,
in order to bring home the guilt against an accused under
Section 304-B IPC ... requirements of both
Section 113-B of the Evidence Act, 1872 and Section 304-
B of the Indian Penal Code.
20. Accordingly, we are unable
been convicted under sections 498A , 304-B of Indian Penal Code (hereinafter referred as IPC ) and Section 4 of Dowry Prohibition Act (hereinafter ... before' is very relevant where Section 113-B of the Evidence Act and Section 304-B IPC are pressed into service
304-B / 34 of Indian Penal Code (hereinafter referred as IPC ) and section ¾ Dowry Prohibition Act (hereinafter referred as D.P. Act ), whereby ... State of Uttarakhand , (2012) 7 SCC 91).
29. A reading of section 304-B I.P.C. would show that when a question arises whether
Sections 498-A and 304-B of Indian Penal Code
(for short " I.P.C .") and under Section 4 of the Dowry Prohibition ... Sessions
Division under Section 209 of Cr.P.C. as the offence punishable
under Section 304-B of I.P.C. is exclusively triable
Section 113B of the Indian Evidence Act. The Hon'ble
Apex Court upon conjoint reading of Sections 498-A and
304-B of IPC ... Section 304B IPC would
be invokable, otherwise resort can be made to Section 306
IPC.
17. No doubt Section 306 IPC
Sections 498-A and 304-B of Indian Penal Code
(for short " I.P.C .") and under Section 4 of the Dowry Prohibition ... Sessions
Division under Section 209 of Cr.P.C. as the offence punishable
under Section 304-B of I.P.C. is exclusively triable
B IPC and Section 302 IPC cannot go simultaneously, and all the appellants have wrongly been convicted under Section 302 IPC ... period already undergone, while maintaining their convictions under Section 304-B, Section 498A IPC and Section ¾ of D. P. Act only. Appellant
this Section 'dowry death' shall have the same meaning as in Section 304-B of
the Indian Penal Code. Thus, a combined reading ... under Section 113-B of the Evidence Act shows that in order to convict a person u/s 304-
B IPC following essential
