Can the court convict the accused for an offence U/S 304-B of IPC if charge U/S 498A of IPC is not framed against the accused?
Lastly, the counsel on behalf of the appellant argued that without any charges under Section 498A, IPC a conviction under Section 304-B, IPC cannot be sustained. On this aspect this Court in the case of Kamesh Panjiyar v. State of Bihar, (2005) 2 SCC 388 held as under:“12. …….It is to be noted that Sections 304-B and 498-A IPC cannot be held to be mutually inclusive. These provisions deal with
