Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Accused never made any demand of dowry either from deceased or from her parents - PW9, PW3 who first seen body of deceased in well have also not stated about any dispute between accused and deceased - Deceased herself was a short tempered woman and many a time she used to plunge into dispute in..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 438 -- Abetment of suicide - Anticipatory bail - Accused having a fight with deceased - Cannot be taken as abetment to deceased to commit suicide - Moreover, counsel for the State has not disputed that except ligature mark qua hanging, there are no other injuries found on the body of deceased -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Testimonies of PWs do not show that deceased was unhappy because of accused and she was forced to take such a step on his account - No overt act or illegal omission is seen from accused's side in taking due care of deceased - Evidence does not indicate deceased faced persistent harassment from her husband -..........
Indian Penal Code, 1860, Section 498A, 306, 294, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Cruelty - PWs stated that since last three years, accused had been constantly beating and threatening deceased - This caused a lot of distress to her - Deceased committed suicide as she found this torture intolerable - Bail denied to petitioner...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused is first offender - He remained in custody for period of about 1 year and 5 months - Keeping in view the nature of offence and other circumstance of case particularly when young lady died and in order to meet ends of justice, sentence awarded to accused cannot be reduced to period already undergone by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Accused is in custody since 23.7.2020 - He has no criminal antecedents - Keeping in view facts of case, nature of allegations, gravity of accusation, availability of accused at the time of trial etc. and role attributed to accused, bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 511, 376, 306 -- Bail - Prima facie accused committed the offence u/ss 511, 376, 306 IPC - Manner in which accused committed offence is also cruel and heinous - Accused not entitled to bail - Bail application, rejected...........
Criminal Procedure Code, 1973, Section 167(2)(a)(ii), 57, Indian Penal Code, 1860, Section 511, 376, 306 -- Default bail - Offence u/ss 511, 376, 306 IPC - Accused who is charged for offence u/s 511, 376 IPC, can be imprisonment only for a period of 10 years - Admittedly, 60 days is over after first remand of accused - Final report is not filed as on today - Accused held,..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - PWs being relatives of deceased stated on basis of information provided to them by others, but they themselves had not seen incident from their own eyes - I.O though supported prosecution case, but he has not stated anything conclusive - Evidence of PW2/neighbour of accused shows that he reached house of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In order to convict a person u/s 306 IPC, there has to be a clear mens rea to commit offence - It also requires an active act or direct act which led deceased to commit suicide seeing no option and this act must have been intended to push deceased into such a position that he/she committed suicide...........