charge-sheet
was filed against them.
4. Since the offence under Section 304B IPC is exclusively
triable by the court of Sessions, the matter ... four
accused persons under Section 498A read with Section 34 IPC and
304A read with Section 34 IPC, to which they pleaded
offences under section 498A / 406 / 34 IPC
and accused Mr. Ram Babu is guilty of the charged offence under section
376 IPC ... charge for the offence under section 376 of the IPC .
22. Compliance of section 437-A Cr.P.C. is made in the order
trial Court
paid no attention to the alternative charge under Section 302 / 34 IPC.
70. The result of the above discussion is that ... offences under Sections 498 A and 304 B IPC.
Alternative charge under Section 302 IPC
71. The question that next arises is whether
therefore, not established in the commission of the offence
under Section 302 IPC.
71. He humbly submitted that the appellant has already undergone
incarceration ... There are no cogent evidence with
regard to the offence under Section 498A IPC as whatever has been
stated by the witnesses
judgment of
his conviction of the charge under Section 302 of the Indian Penal
Code (in short I.P.C .) and sentence of life imprisonment ... corresponding to Sessions Serial No. 71/09.
In the trial Court charges under Sections 498A / 302 , I.P.C.
were framed against three accused persons
counsel for the appellants.
Instant Criminal Appeal under Section 374(2) of CrPC has been
preferred by the appellants against the judgment of conviction ... offence under Section 4 of Dowry
Prohibition Act, with default stipulation. As per Section 71 of IPC, no separate
sentence has been awarded
taken against them alleged under Sections 498A / 34 of the Indian
Penal Code as also under Sections 3 / 4 of the Dowry Prohibition ... Namkum P.S.
Case No.71 of 2008 was registered under Sections 498A / 34 of the Indian Penal
Code against the petitioners.
5. The joint
71 dated
26.03.2013, for offence under Sections 420 , 495 , 406 , 498-A , 506 , 323 , 34
of the Indian Penal Code (in short " IPC ... allowed and FIR No.71 dated 26.03.2013, for offence under Sections 420 ,
495 , 406 , 498-A , 506 , 323 , 34 IPC registered at Police Station
Murar, District Gwalior for offences
punishable under Sections 498(A) , 506 / 34 IPC and
under Section ¾ of Dowry Prohibition Act .
Learned counsel ... applicant No.1 is 71 years old who is bedridden.
Except the offence under Section 498-A of IPC and
Section
Section 482
Cr.P.C. for quashing of FIR No. 71 dated 09.04.2005 (Annexure P-1) under
Sections 406 , 420 , 498-A & 34 IPC
