under
Section 113-B of the Evidence Act. The expression ‘soon before her death’
used in the substantive Section 304-B IPC and Section ... conviction under Section 498A, she is sentenced to undergo imprisonment
already undergone.
23. In the result, conviction of the appellant under Section 304B
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
KURIAN, J.:
The appellants faced trial under Section 498A read with Section 304B read
with Section 34 of the Indian Penal Code ... under Section 498A of IPC. The State took up the matter in
appeal before the High Court against the non-conviction under Section 304B
purposes of this section, "dowry death" shall
have the same meaning as in Section 304B of the Indian Penal
Code ... Page 14 of 45
19. A perusal of Section 113B of the Evidence Act and Section
304B Indian Penal Code shows that there must
into the factual aspects, it would be relevant to
reproduce Section 498A and Section 304B IPC.
"498A. Husband or relative of husband ... purposes of this section, "dowry death"
shall have the same meaning as in section 304B of the Indian
Penal Code
purposes of this section, "dowry death" shall have
the same meaning as in Section 304B of the Indian Penal Code ... before her death."
18. A perusal of Section 113B of the Evidence Act and Section
304B Indian Penal Code shows that there must
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
which,
the High Court confirmed the conviction of the appellants under Sections
304B , 498A and 201 IPC and the sentence of life imprisonment imposed ... material objects.
Sessions Court found all the accused persons guilty under Sections 304B ,
498A and 201 IPC and sentenced each of the accused to undergo
punishable under Section 302 read with
Section 34 of the Indian Penal Code (45 of 1860) (hereinafter
referred to as ‘ IPC ’), Section 304B read with ... under Section 302 of IPC is whether on account of acquittal
under Section 302 of IPC, the accused could claim acquittal
under Section 304B
also acquitted of the charge under Section
302 IPC, however, he was convicted under Section 498A / 304B IPC
and sentenced as mentioned hereinabove.
5. Feeling ... purchase manure. After referring to Section
2 of the Dowry Prohibition Act and Section 304B IPC, it was
observed as under:-
"In view
