https://www.taxtmi.com/caselaws?id=194955 An accused charged with murder under Section 302 cannot be convicted for dowry death under Section 304-B unless that offence is specifically in issue or the charge defect causes no failure of justice. Section 304-B is a distinct offence and is not treated as a minor offence for Section 222 CrPC. Because dowry death carries the statutory presumption under Section 113-B of the Evidence Act, the accused must have notice of that shifted burden and an opportunity to meet the ingredients of the offence with defence evidence before conviction can be recorded. In the stated analysis, conviction under Section 304-B was set aside and the matter remanded for fresh consideration from the defence evidence stage. en-us Wed, 24 Jan 2001 00:00:00 +0530 Mon, 09 Oct 2017 10:52:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194955 An accused charged with murder under Section 302 cannot be convicted for dowry death under Section 304-B unless that offence is specifically in issue or the charge defect causes no failure of justice. Section 304-B is a distinct offence and is not treated as a minor offence for Section 222 CrPC. Because dowry death carries the statutory presumption under Section 113-B of the Evidence Act, the accused must have notice of that shifted burden and an opportunity to meet the ingredients of the offence with defence evidence before conviction can be recorded. In the stated analysis, conviction under Section 304-B was set aside and the matter remanded for fresh consideration from the defence evidence stage. Case-Laws Indian Laws Wed, 24 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194955