section 498-A of the Indian Penal Code 1860 (in short " IPC "), 304-B IPC , alternatively under section 302 IPC and section ... Statement of appellant was recorded under section 313 of the Code of Criminal Procedure 1973 (in short " Cr.P.C ."). No defence
Simultaneously, legislative changes
were effected in the Criminal Procedure Code , 1973 and the Indian
Evidence Act . Section 113-B was introduced in the Indian Evidence ... 304 of IPC was made non-
bailable and triable by Sessions Court by appropriate amendment to the
Criminal Procedure Code .
Section 304
trial Court has failed to follow
the mandate of section 304 of the Criminal Procedure Code,
1973 inasmuch as, cross-examination ... that
the trial Court has failed to follow the mandate of section 304
of Cr.P.C., 1973 inasmuch as, the cross-examination
counsel of their own choice and at their expenses as per
Section 304 of Cr.P.C. If at all the counsel for the accused ... criminal case, the right of fair trial has to be
made available to the accused through legal aid under
Section 304 of
trial for charges under section 498-A, 304-B and 306
RPC under and in terms of section 436-A CrPC.
11. While ... excluded.
Under the First Schedule appended to Code of Criminal
Procedure , 1973
For section 304-B, punishment of imprisonment of not less than
seven years
report, and then he altered the section of law from Section 174 Cr.P.C. to Section 304-B IPC ... Section 306 of the Indian Penal Code, he is liable to be convicted and sentenced under both Sections 498-A and 304-B IPC. Hence
Section 216 of the Code of Criminal Procedure, 1972
(for short, 'the Cr.P.C ') to alter the charge from Section 304 ... IPC.
Learned Additional Sessions Judge, having framed charge under
Section 304-B IPC, convicted them without any proper evidence.
6
Under Section 216
offences under Section 304-
B and 498-A IPC stands deleted and offences under Section 306 IPC have
been added against the accused persons, namely ... under Sections 304-B / 498-A IPC,
however, during investigation and after recording the statements of the
witnesses under Sections 164 and 161
violation of fundamental principles of judicial procedure on account of breach of mandatory provisions of Section 304 of Cr.P.C......."
In the case
essential ingredients of the said offence i.e under
section 304-B IPC are ;
(i) death of a woman must have been caused ... judgment State Vs. Tarseem Singh
(Supra), to seek conviction under section 304-B Cr.P.C, it is
essential to prove all its the five
