Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Ingredients for abetment for suicide would be satisfied only if suicide is committed by deceased due to direct and alarming encouragement/incitement by accused leaving no option but to commit suicide - There should be a nexus between acts of accused which pushed the deceased to commit suicide then only it would..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Marriage of deceased and accused was solemnized about 11 years prior to alleged occurrence - No injury was found on the person of deceased - Not only contradictions and discrepancies are there in the statement of PW1 but allegations mentioned in complaint were contrary to statement recorded before trial..........
Indian Penal Code, 1860, Section 306, 304B -- Abetment of suicide - Dowry death - Deceased committed suicide by pouring kerosene oil on herself and set herself on fire within 4 years of her marriage - She was repeatedly assaulted by accused/husband - Complaint made by deceased to women cell shows that deceased made every attempt to salvage her marriage and herself -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Cause of death - No evidence as to how deceased died and what was the cause of her death - In the absence of factum of death as to how deceased died, accused persons cannot be held guilty u/s 306 IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - None of the witnesses deposed about instigation by accused - Complainant had no information or he suspected any foul play - FIR lodged after FSL report - It implies that deceased had not disclosed anything to her parents - Only on the basis of hearsay evidence FIR is lodged - Deceased had never complained to her..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - To constitute an offence u/s 306 IPC, prosecution must allege that wife was subjected to cruelty with clear cut mens rea to drive wife to commit suicide - Routine quarrel between husband and wife without there being any mens rea to commit suicide would not amount to abetment as defined u/s 107 IPC...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Charge sheet filed on the sole basis of routine quarrel between husband and wife, which cannot be said to be justified - No whisper in dying declaration of deceased that she was ever treated with cruelty to the extent that she was having..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In the absence of proof that deceased was ever subjected to cruelty or harassment by accused, presumption of committing the offence u/s 306 IPC cannot be raised against accused...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 114, 32 -- Abetment of suicide - Presumption - Dying declaration - Evidence on record shows that deceased committed suicide due to cruelty and harassment by her i, laws - But deceased stated in her dying declaration that she consumed poisonous tablets by mistake - Accused took the deceased to hospital as..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence on record to prove that deceased was subjected to cruelty to such an extent that she had no option except to commit suicide - Offence u/s 306 IPC not made out - Accused acquitted...........