trial Courts in India to
ordinarily add Section 302 to the charge of section
304B , so that death sentences can be imposed in
such heinous ... opinion in that regard in the
report under Section 173(2) of the Cr.PC. Section
304B of IPC can be put as an alternate
Section 304B IPC is not a
substitute for Section 302 IPC. The genesis of Section 304B
IPC introduced ... opinion in that regard in the report under
Section 173 (2) of the Cr.PC. Section 304B IPC can be put
as an alternate charge
Section 304B IPC is not a
substitute for Section 302 IPC. The genesis of Section 304B
IPC introduced ... opinion in that regard in the report under
Section 173 (2) of the Cr.PC. Section 304B IPC can be put
as an alternate charge
offence under Section 302 IPC is homicidal death, while postulates needed to establish an offence under Section 304B IPC are :-
"(1) Death ... notice of the offence under Section 302 IPC as he was defending a charge under Section 304B IPC alone, which the prosecution had miserably failed
Trial Court had framed alternative
charge under Sections 302 / 34 IPC, besides charges under Sections
498A / 304B / 34 IPC. Convicting the accused under Sections 498A ... convicted under Section 302 IPC modifying the
charge from Section 302 / 34 IPC to Section 302 IPC. The alternative charge
under Section 304B IPC against
trial Courts in India to
ordinarily add Section 302 to the charge of section
304B, so that death sentences can be imposed in
such heinous ... opinion in that regard in the report under Section
173(2) of the Cr.PC. Section 304B of IPC can be
put as an alternate
question whether
it is murder punishable under Section 302 IPC or a
dowry death punishable under Section 304B IPC
depends upon the fact situation ... opinion in that regard in the report under Section
173(2) of the Cr.PC. Section 304B of IPC can be
Patna High Court
question whether
it is murder punishable under Section 302 IPC or a
dowry death punishable under Section 304B IPC
depends upon the fact situation ... opinion in that regard in the report under Section
173(2) of the Cr.PC. Section 304B of IPC can be
Patna High Court
offence punishable under Section 498A IPC and rigorous imprisonment
for period of seven years for offence punishable under Section 304B ... sentence for offence punishable under Section 498A being three
years rigorous imprisonment however for offence punishable under Section
304B IPC, he has been awarded rigorous
instant
case. Learned Judge framed the charge for Section 302
of IPC and alternatively for Section 304B of IPC and
accused are acquitted ... ablaze by them. Then the
offence punishable under Section 302 IPC is attracted
and not Section 304B IPC.
39. Insofar as Section 304B
