N.K.Assumi (Advocate) 12 February 2010
There is a clear distinction between section 304B and 498A of the Indian Penal Code. Now, under section 304B it is a dowry death that is punishable and such death should have occured within seven years of marriage and this period of limitation is not there in 498A. Consider this: suppose a man was charged under section 304B and was acquitted, but can he be convicted under section 498A of the Indian Penal code for which he was not charged at the time of trial?
Arvind Singh Chauhan (advocate) 12 February 2010
Sir yes he can be convicted only if the charge has been altered, before judgment.
Vijay Kumar (Advocate) 12 February 2010
No need to alter the charge. The accused can be convicted under lesser offence.
N.K.Assumi (Advocate) 13 February 2010
Thank you for the responds.
A Truthseeker ( A retired Indian citizen) 14 February 2010
Mr. Assumi we would be glad and benefitted if the relevant sections of the Cr.P.C.are referred to.
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