When there is charge U/S 302 of IPC, whether accused can be convicted U/S 304B of IPC?

 Yes, in an appropriate case an accused charged under Section 302 IPC may still be convicted under Section 304B IPC, provided the facts necessary to establish dowry death were put to the accused and no prejudice or failure of justice is caused.

30-second answer

An accused charged under Section 302 IPC can, in a proper case, be convicted under Section 304B IPC if the evidence establishes dowry death and the accused is not prejudiced by absence of a formal charge. The court has to see whether the ingredients of Section 304B, namely unnatural death of a woman within seven years of marriage and soon before death, cruelty or harassment in connection with dowry demand, are proved. If these foundational facts were in issue during trial and the accused had fair opportunity to defend, conviction under Section 304B can be recorded even if the charge was under Section 302. ”

Better judicial framing

A safer way to state it is that Section 302 and Section 304B operate in different fields, and where evidence suggests murder as well as dowry death, the trial court may frame Section 302 as the main charge and Section 304B also as an additional or alternative charge.

Caution

If conviction is to be recorded for an offence not specifically charged, the court must be satisfied that no prejudice has been caused to the accused and that there is no failure of justice.

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