appellant of the
charge under Section 306 I.P.C, confirmed his conviction and
sentence under Section 498-A I.P.C on which count ... period of seven
years under Section 306 I.P.C. and three years rigorous
imprisonment under Section 498-A I.P.C. Both the accused
IPC and under
Section 306 IPC. Learned Trial Court framed charge
of
against accused persons on 29.10.2012 under Sections
498 ... fine of Rs.5000/- each for offence punishable
under Section 498-A IPC. Learned Trial Court further
.
directed that in default of payment
under Section 304-B of the Indian Penal Code and to suffer rigorous imprisonment for one year under Section 498-A , ... purposes of this Section, 'cruelty' shall have the same meaning as in Section 498-A of the Indian Penal Code
length
and has recorded a finding that offence under Section 498-A , Indian
Penal Code, is not established. I do not see any reason ... purpose of Section 498-A Indian
Penal Code is to be established in the context of S. 498-A IPC
Section 304-B IPC, the appellants are
still not liable to be convicted either under Section 304-B or
under Section 498 ... under Section 498-A thereof, when it is not followed by any
cruelty or harassment, as defined in Section 498-A of IPC
defined in the Explanation for
the purpose of Section 498-A. Substantive Section
498-A , IPC and presumptive Section ... mentioned in Section 498-A. A person charged and
acquitted under Section 304-B can be convicted under
Section 498-A without that charge being
Trial Court
and convicted appellant under Section 304 B read with
Section 498 A of the IPC and sentenced her to undergo
imprisonment ... appellant recorded by the
High Court under Section 304 B IPC and Section
498 A IPC through its judgement dated
short) of the offences punishable under Sections 306 , 498-A , 323 , 504 and 114 of the Indian Penal Code (' IPC ... reproduced herein below :
Basic difference between the two Sections i.e. Section 306 and Section 498-A is that of intention. Under the latter, cruelty
instant case."
Therefore, neither charge under section 306 IPC nor charge
under section 498-A IPC stand established against ... IPC. The appellant Jagdish Prasad is
acquitted of the charge under section 306 IPC but his
conviction under section 498
complaint is quashed under Section 482 Cr.P.C."
10. After introduction of above said section 498-A of IPC ... 4325/2017 & M.Cr.C. No. 7317/2017
of section 498-A IPC as a weapon to wreck vengeance against
her husband
