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
soon
before her death.
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
second accused. They
were charged under Sections 306 read with Section 34
Signature Not Verified
and Section 304B read with Section 34 of the Indian ... Section 306 read
with Section 34 of the IPC. The case of abetting
suicide under Section 306 read with Section
confirmed.
Our attention was also drawn to Section 498A. In our view, Sections 304B
and 498A are not mutually exclusive. They deal with different ... sections, 'cruelty' is a common element. Under Section 498A, however,
cruelty by itself amounts to an offence and is punishable. Under Section 304B
contention is meritless. A conjoint reading of Section 113B of the Indian Evidence Act and Section 304B I.P.C. show that there must ... soon before" is very relevant where Section 113B of the Indian Evidence Act and Section 304B I.P.C. are pressed into service
upholding the judgment of conviction dated 20 th September,
1999 under Sections 304B and 201 read with Section 34 IPC
passed by the 5th Additional ... Explanation - For the purposes of this section,
“dowry death” shall have the same meaning as in
section 304B of the Indian Penal Code
case FIR No. 42 dated 5-10-1999 under Section 304B / 34 of the IPC whereby the appellants have been convicted under Section 304B read ... caused the dowry death."
11. The aforesaid Section has to be read along with Section 304B of the IPC. This Section converts the deeming
upheld their conviction and sentence of 10 years R.I. under Section 304B of
the Indian Penal Code (in short “the IPC ”) awarded ... offence under Section 306 . Therefore, the
trial court convicted and sentenced the accused persons for offence
punishable under Section 304B of the IPC and also
2011 registered with Police Station Aman Vihar convicting them under
Sections 304B / 34 IPC and sentencing them to rigorous imprisonment for ten
years with fine ... TRIAL COURT
3. The Trial Court convicted the appellant-convicts under Section 304B
IPC relying upon Sections 106 and 113B Indian Evidence Act, 1872.
However
before her death.
16. 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. The
prosecution is obliged
