Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Allegations as levelled in the FIR are lacking on the point of showing that there was any abetment on the part of accused in the form of instigation, conspiracy or intentional aid as provided u/s 107 IPC - No purpose would be served by detaining..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Instigation - Mere fact that husband or wife treated the deceased spouse with cruelty so also the word uttered in a fit of anger or emotion without any intention cannot be termed as instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - Deceased has only mentioned in the suicide note that he was upset with accused and her family members - No specific allegation has been leveled by deceased against accused in the suicide note - Even, if allegations as contained in the FIR and statements of witnesses are taken as it is even then it..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegations that maltreatment of deceased had started just about one month after the marriage - Matrimonial relationship between accused and deceased survived for a period of about ten months - No complaint whatsoever was made either by deceased or her parents to any authority for such a long..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Refusal to marry does not fall under purview of instigation as required to make out an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Positive act by accused to instigate suicide is essential to abetment of suicide...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Death by poisoning - Merely bald statements made by father of deceased which do not indicate any wrong doing on the part of accused - In the absence of any proximity between the alleged act of accused and suicide of deceased, ingredients of S.306 IPC are completely missing - Acquittal upheld...........
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 305, 34 -- Abetment of suicide of child by his own mother - Allegation that upon witnessing mother/accused in a compromising position with co-accused, deceased became severely depressed and ultimately hanged himself to death, does not at all prove that accused persons intentionally instigated or abetted deceased to commit suicide -..........
Indian Penal Code, 1860, Section 305, 34 -- Abetment of suicide of child by his own mother - Prosecution failed to establish mens rea on the part of accused leading to commission of suicide by deceased - Accused cannot be held responsible for commission of suicide by deceased, as there was no instigation or abetment on their part - Accused rightly acquitted...........
