charge from Section 304-B of
Indian Penal Code, 1860 (for short, 'the IPC ') to Section 498-A IPC ... view of Section 222 Cr.P.C., there is no need or necessity
to frame any charge under Section 498-A IPC that
Section 216 of Cr.P.C for framing additional charge under Section 325
of IPC. An application under Section 242 (2) of ... defined in the Explanation for the purpose of Section 498-
A. Substantive Section 498-A IPC and presumptive Section
against A4 and A5 for the offence under Section 498-A
read with Section 109 IPC.
4. The case was taken cognizance ... IPC read with Section 109 IPC. The trial court
found A1 guilty for the charge under Section 498-A IPC
Sections 304(B) IPC and 498(A)(b) IPC ;
acquitted A1 and A3 for the offence under Sections 498 ... convicted under this Section. The reason assigned for convicting the
appellant under Section 498(A)(a) IPC, is that on the previous night
charges
under Section 302 , 304B of IPC against the Appellant Bali Singh,
whereas framed charge under Section 304B of IPC against ... sentence, has
convicted the Appellant Bharat Singh for offence under Section 498-A
of IPC and convicted Bali Singh for offence under Section
provision of section 320(6) Cr.P.C. wherefrom it is clear that High
Court in exercise of powers under section 401 ... powers under Section 320 Cr.P.C. Any such attempt by
the court would amount to alteration, addition and modification of Section 320
them for life imprisonment and they have also been
convicted under Section 498-A I.P.C. and sentenced for one year
imprisonment each ... Section
304-B I.P.C. has not proved against the mother in law Jonha Devi.
111. However, charges for offences under Section 498
accused for the
offences punishable under Sections 498(A) and 306 r/w
Sec. 34 of IPC; impose proper and adequate and
maximum ... accused for the offence
punishable under Sections 498(A) and 306 r/w Sec. 34
of IPC.
These criminal appeals coming
Apex Court while extracting the provisions of
Section 498-A IPC held that:
"11. The said provision came up for consideration ... where the Court dwelling upon the scope and purport
of Section 498-A IPC has held thus
offences under Sec.498(A) , 506(ii) IPC and 494 IPC and Sec.3(1)(x) of the
Scheduled Castes ... aggrieved by an offence punishable
under Section 494 or Section 495 of the Indian Penal Code (45
of 1860) is the wife, complaint
