under old Section 7 of the Act. Even before the trial Court the prosecutor who contended that a charge under Section 304B also should ... purpose of this section, 'dowry death' shall have the same meaning as in Section 304B of Indian Penal Code
real state of affairs and
that the presumption available under Section 304B ,
I.P.C. has been rebutted by effectively cross-examining
the material witnesses ... punishable under
54
Section 306 , I.P.C. even in the absence of a charge to
that effect, provided Section 304B
purposes of this
section, 'dowry death' shall have the
same meaning as in Section 304B of the
Penal Code, 1860."
The necessity ... Court
while considering the provisions of Sections 3 , 4 and 6 of
the D.P. Act and Section 304B IPC held that the customary
gifts
purposes of this
section, 'dowry death' shall have the
same meaning as in Section 304B of the
Penal Code, 1860."
The necessity ... provisions of Section 113B of the Evidence
Act is also relevant for the case on hand. Both Section
304B of IPC and Section
marriage, we think it
necessary to analyze the scope of Section 498A
and Section 304B IPC. Section 498A IPC
postulates that if a woman ... under Section 113B can be raised only if it is a
dowry death as defined under sub-section (1) of
Section 304B IPC, but presumption
relation to offences
punishable under sections 3 , 4 and 6 of Dowry Prohibition
Act and sections 498A , 304B , 302 and 306 IPC. Initially,
the trial ... conviction for the offences under sections 3 , 4
and 6 of Dowry Prohibition Act and section
304B IPC is set aside, the accused is acquitted
REGISTERED BY THE 1ST
RESPONDENT AGAINST THE PETITIONER UNDER SECTIONS 304B,
313 AND 498A OF IPC , PENDING ON THE FILE OF THE VIII ... Section 304-B."
(Emphasis supplied)
In the light of the contention of the learned counsel appearing
for the petitioner that ingredients of Section 304B
below :-
"18. Our attention was drawn to Section 113B of
the Evidence Act and Section 304B of the Indian Penal
Code by the learned ... doubt Section 306 IPC read with
Section 113A of the Evidence Act is wide enough to take
care of an offence under Section 304B also
conviction for
offences punishable under Sections 498A and 306 of
IPC instead of the main offence of Section 304B of IPC
whereby Smt. Latha ... deserving
punishment and alternatively awarded punishment
under Section 306 of the IPC instead of Section 304B
IPC. Hence, learned HCGP contends that they deserve
offence in the charge
sheet was the one punishable under Section 304B of the IPC, the
matter is committed to the Courts of Sessions ... victim therein. The Apex Court
holds in an offence under Section 304B of the IPC merely because
the deceased had scribed that
