case of torture in order to attract
Section 498A together with ingredients of charge under
Section 304B which stands disbelieved by the High Court ... such a conversion.
The High Court in introducing Section 302 in place of
Section 304B , it has been submitted not only committed a
grave error
involving dowry deaths occurring within seven
years of marriage. Sub-section (1) of Section 304B IPC lays down that
where the death of a woman ... 498A IPC,
but the width and scope of two sections is different, inasmuch as Section
304B deals with cases of death as a result
under Section 302 read with Section 34 of the Indian Penal Code
(45 of 1860) (hereinafter referred to as ' IPC '), Section 304B read ... under Section 302 of IPC is
whether on account of acquittal under Section 302 of IPC, the accused could
claim acquittal under Section 304B
Section 302 , Indian Penal Code for committing murder of the deceased, Sushma, under Section 498A , Indian Penal Code for cruelty towards her; under Section 304B ... under Section 302 , Indian Penal Code are set aside and they are acquitted of the said offence. Their convictions and sentences under Sections 304B , 498A
appellant for an offence under Section 302 I.P.C. To an offence under Section 304B I.P.C. and reduce the sentence ... conviction under Section 302 I.P.C. is liable to be converted into under Section 498A and 304B I.P.C. And ¾ Dowry Prohibition
prosecution has failed to
prove any case under Section 498A or any case Under
Section 304B of the Indian Penal Code. The appellants
5
have ... satisfies neither the ingredients of Section 498A
I.P.C nor those of Section 304B I.P.C. All the pieces of
evidence have
parents – accused nos.2 and 3
for the offence under Sections 304B and 498A , IPC. The learned
XIX Metropolitan Magistrate, Cyberabad took cognizance ... case against the accused for the offences under Sections 304B
and 498A , IPC and committed it to the Court of Sessions,
Metropolitan Sessions Judge, Cyberabad
were retrospective. There was a deeming clause in Section 113B and under Section 304B indicating that if death of a woman was caused within ... bride burning the conviction cannot be recorded under Section 302 or that the offence under Section 304B was a new offence.
29. However, the matter
Sessions court had convicted the accused
under Section 498A IPC, but it had acquitted him under Section 304B IPC.
In the appeal preferred ... evidence on which
accused No. 1 was charged under Section 498A and
Section 304B, the accused can be convicted and
sentenced under Section
Explanation - For the purposes of this section, “dowry death” shall have the
same meaning as in section 304B of the Indian Penal Code ... drawn against them under Section 113B of the Evidence Act, in a
matter relating to an offence under Section 304B of IPC.
23. Having arrived
