MOHD SHAFI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD SriRaghu Bans Sahai,learned Counsel for the ac cused-appellant and learned A. G. A. for the State and also perused the materials on record.

(2.) BAIL application on behalf of accused-appellant Mohd. Shafi, convicted for the offences under Sections 304-B and 498-A, I. P. C. in S. T. No. 664 of 2002 (State of U. P. v. Kallu @ Nafees and others) vide judgement and order dated 28. 2. 2008 passed by Sri Gopal Singh Chandel, the then Additional Sessions Judge, Court No. 2, Fatehpur has been pressed on the ground that he is the father-in-law of the victim woman and was residing separate from her at the rel evant time. General allegations have been attributed against him.

(3.) REALISATION of the total amount of fine imposed under Section 304-B, I. P. C. shall remain stayed, as no fine can be imposed for the offence punishable under Section 304-B, I. P. C. It is very unfortunate that the learned Trial Court without going through Section 304-B, I. P. C. has imposed fine of Rs. 5,000/- on the appel lant-accused under this Section, where as no fine is prescribed in sub-section (2) of Section 304-B, I. P. C. , which reads thus : "304-B. Dowry death - (1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Although sentence of imprisonment can be extended upto life imprisonment under Section 304-B (2), I. P. C. , but no fine can be imposed as the legislature has not prescribed imposition of fine under this Section. "