been tried for the offence punishable under Sections 302 read
with Section 34 & 304B read with Section ... Instead of
convicting the appellant under Section 302 of the I.P.C., he
is convicted under Section 304B of the I.P.C. included
convicting and sentencing
the Appellant as under:
Conviction Sentence
Under Section 304B of the Rigorous Imprisonment for 7
Indian Penal Code years
2. Case ... accused persons Tijram, Nohar, Dayaram and Gayatribai for
offence punishable under Section 304B of the Indian Penal Code.
Charge was framed against them under Section
deceased and on
the same day, FIR (Ex.P/4) under Section 304B of IPC was registered
against the present accused persons and their four ... statement under Section 161
of Cr.P.C.
12. As regards charge under Section 304B of IPC, in order to attract
conviction under this section
Mahila Thana registered the case against the accused/applicant under Section 304B of the IPC.
4. I have heard Shri R.R. Sinha, learned Counsel ... applicant and she was not legally wedded wife, therefore, offence under Section 304B of the IPC is not made out. He further argued that
Section 161 of
the CrPC. After usual investigation, the accused / appellants were
charge-sheeted for offences under Sections 498A read with Section
34 , 304B read ... sections,
"cruelty" is a common element. Under Section 498A, however,
cruelty by itself amounts to an offence and is punishable. Under
Section 304B
Section 498A of the IPC RI for two years and fine of Rs.2,000/-,
in default, additional RI for six months.
Section 304B ... purposes of this section, "dowry
death" shall have the same meaning as in section
304B of the Indian Penal Code
before
her death.
5. A conjoint reading of Section 113B of the
Evidence Act and Section 304B IPC shows that
there must be material ... soon before' is very relevant where
Section 113B of the Evidence Act and Section
304B IPC are pressed into service. Prosecution is
obliged
marriage, presumption under Section 113A of the Act would not
be available and charge framed against the applicants under
Section 304B of the IPC would ... section (2)
of Section 13 of the Hindu Marriage Act, 1955. Clause (iv)
of sub-section (2) of Section 13 of the Hindu Marriage
marriage, presumption under Section 113A of the Act would not
be available and charge framed against the applicants under
Section 304B of the IPC would ... section (2)
of Section 13 of the Hindu Marriage Act, 1955. Clause (iv)
of sub-section (2) of Section 13 of the Hindu Marriage
learned Additional
Sessions Judge has framed charge for offence punishable under
Sections 304B & 498A read with Section 34 of the I.P.C.
against ... ground that without any
prima facie material for offence punishable under Section
304B of the I.P.C., the Court below has framed the charge
