Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigating the deceased to commit suicide must be in close proximity to the act of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Incident alleged happened more than two weeks before the date of suicide - There is no allegation that any act was done in the close proximity to the date of incident - By no stretch of imagination, alleged acts can amount to instigation to commit suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand of loan amount - No coercive methods adopted to recover loan amount - Demand made cannot be treated as abetment as any person who has given loan would certainly like to get it back - Proceedings quashed...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Merely by initiating legal proceedings against deceased, it cannot be held that accused had abetted the commission of suicide as defined u/s 107 IPC and punishable u/s 306 IPC...........
Indian Penal Code, 1860, Section 306, 420, 120B, 34 -- Abetment of suicide - FIR and suicide note do not disclose any specific act or conduct on the part of accused or his brother which would amount to harassment or instigation committed with necessary mens rea other than the initiation of proceedings under Negotiable Instruments Act - It cannot be held that accused had..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There should be proximity between the act of suicide with the acts and conduct or treatment meted out by accused to the victim or acts which would amount to intentionally aiding or instigating or abetting the deceased to take his/her life...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused was in the habit of drinking and squandering away his property by selling it of and that was the cause of confrontation between accused and his wife - Act of accused do not amount to instigation to commit suicide unless there was something more to add upon - Moreso, accused had already undergone whole..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Brother and father of deceased stated that she had not disclosed about any ill treatment being given by accused persons to them but disclosed the same to her mother - Deceased was suffering from epilepsy and after marriage accused providing treatment to her - No evidence on record which..........
