Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Insufficient evidence on record to prove factum of suicide beyond reasonable doubt - Presumption u/s 113-A of Evidence Act is not of much help for prosecution - Essential ingredient of deceased committing suicide has not been proved by prosecution by adducing sufficient evidence..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration of deceased shows that deceased was hypersensitive in nature - Therefore, it would not be appropriate for Court to punish or convict accused for doing offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - There is no element in evidence of prosecution that accused used to torture his wife only with intention to drive her to commit suicide - None of independent witnesses has supported version of prosecution that accused used to torture deceased -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Continuous harassment of deceased in spite of objection by deceased as well as by her husband may amount to abetment of suicide - Charge u/s 306 IPC rightly framed against accused...........
Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Deceased committed suicide by pouring kerosene oil and setting herself ablaze - However, there is no satisfactory evidence to prove that accused have caused physical and mental harassment - Contradictions in evidence of PW1, PW2 and PW10 - Evidence placed on record is short of required..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Injuries on body of deceased were on both sides whereof explanation that she had fallen from a wooden ladder was not found convincing - Contradictions were found in statements of witnesses who have stated that wooden ladder which was being..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused is in jail since 2016 and has no previous criminal history - Father of accused is aged about 80 years and there are two minor daughters to be looked after by accused as single parent after death of his wife - Sentence of accused thus, reduced to 5 years...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Only when death of a person is suicidal, a person can be charged with offence of abetment of suicide punishable u/s 306 IPC...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - No evidence on record to show about any conduct of accused which may be regarded as instigation - Though suicide note written by deceased mentioned about some land transaction and money transactions with accused - However, such transactions may have caused loss to deceased but same cannot be regarded as any..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Framing of charge - Love affair between accused and deceased for some time and prior to incident they broke up - Accused was pursuing to continue with the affair in which deceased was not interested - There is evidence of witnesses that deceased earlier warned accused that if he continues to harass her, she will..........
