provisions of Section 113B of the Evidence
Act is also relevant in the present case. Both Section 304B
of IPC and Section ... deceased - offence
under Section 304B of IPC not made out and conviction for
the offence punishable under Section 498A was not proper."
Admittedly
under Section 304B IPC, so also,
acquitted Vinod Kumar, Rekha, Balmukund and Sumitra
from the charges levelled against them under Section
304B and 498A ... Section 304B IPC, but convicted the father-in-law
Daulat Ram for offence under Section 304B IPC
alongwith for the offence under Section 498A
57521/16
FIR No. 229/14
P.S. Uttam Nagar
U/ Sec.498A / 304B / 406 / 306 / 34 IPC
State
Vs.
1. Rahul Nirwal ... Nirwal etc
FIR No.229/14
P.S. - Uttam Nagar
U/ Sec.498A / 304B / 406 / 306 / 34 IPC
Page 2 of 103
5. Smt Monica
Rajasthan).
FIR Number 332 of 2008.
Police Station Patel Nagar.
Under sections 498A / 304B / 34 of the Indian Penal Code.
Date of filing ... Police Station Patel Nagar, Under Sections 498A / 304B / 34 IPC -:: 1 of 55::-
1. At the outset, it may be mentioned that this case which
Police : Najafgarh
Station
Under : u/s 498A/304B/302/34
Section and u/s 174A of Indian
Penal Code, 1860.
State
Versus
Krishna ... shall first take up whether charges u/s 498A / 34 and u/s
304B / 34 IPC have been proved by the prosecution
offence
punishable U/s 302 IPC against accused Sumit.
48. This brings me down to the offences punishable U/s 498A/304B ... beyond reasonable doubt the
ingredient of Section 498A , IPC and the essential
ingredient of offence under Section 498A is that the
accused, as the husband
Town,
Delhi.
FIR No. : 441/13
Police Station : Jahangir Puri
Under Sections : 498A/304B/302/34 IPC
Date of committal to Sessions Court : 17.02.2014
Date ... beyond reasonable doubt the
ingredient of Section 498A , IPC and the essential
ingredient of offence under Section 498A is that the
accused, as the husband
accused-appellants u/s 304B I.P.C. and Section 4 of D.P. Act, but convicted u/s 498A ... offences punishable under Section 304B read with Section 34 of IPC, Section 302 read with Section 34 of IPC, Section 498A of IPC and Section
Apex Court had discussed the interplay of Section 304B of IPC with
Sections 302 , 498A of IPC, in the following manner:
"8. The legislative ... charge them for offence punishable under Section 304B IPC since
for the application of Section 304B, a deceased should have been
subjected to cruelty
this
section, "cruelty" shall have the same
meaning as in section 498A of the Indian
Penal code (45 of 1860).]
18
Section 113B ... light of these sections, let me consider
the essential requirements of Sections 498A , 304B and
306 of IPC. Here allegations was that accused persons
