No fine can be imposed under s 304 B IPC

In Crl. Appeal No. 4763 of 2008 Dinesh Vs. State of U.P. decided on13.02.2009 , Hon'ble Shiv Charanand Hon'ble Vijay Kumar Verma, JJ. observerved that : 
"We are surprised to see that the learned trial Judge has imposed fine also on the accused persons under section 304-B IPC, whereas no fine is prescribed in sub-Section (2) of Section 304-B I.P.C. The offence of dowry death is defined in sub-section (1) of section 304-B I.P.C. and sentence is provided in sub-section (2). For the sake of convenience section 304-B I.P.C. is reproduced below:-
304-B. Dowry death.-
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
(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. The court can award only that sentence, which is prescribed in the Statute and if in any Statute, no fine is prescribed for any offence, then no fine can be imposed by any Court. It is very unfortunate that such glaring mistake has been committed by the Judicial Officer of the rank of Addl. Sessions Judge and sentence in the aforesaid Session Trial has been passed by the learned trial Judge without going through Section 304-B I.P.C.
The Registrar General is directed to send a copy of this order within a week through the District Judge concerned to Sri Abdul Mobeen, the then Additional Sessions Judge, Fast Track Court No. 1, Basti for his future guidance. "