Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In the suicide note only allegation against two of the bank employees that they have made account NPA as a result of which deceased could not continue his business - No material in the suicide note with regard to any averment or instigation - Continuation of proceedings against employees of bank who are secured..........
Indian Penal Code, 1860, Section 498A, 306 -- Offence u/ss 498-A, 306 IPC - Reduction of sentence - Occurrence took place in the year 2015 - Accused already undergone a period of more than 4 years incarceration out of total 10 years R.I for offence u/s 306 IPC so also suffered agony and trauma of protracted trial - It would be just and proper If sentence awarded by trial..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Abetment involves a mental process of instigating a person in doing something...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In case of suicide mere allegation of harassment of deceased by another person would not suffice unless there be such action on the part of accused which compels the person to commit suicide and such an offending action ought to be proximate to time of occurrence...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If accused kept on irritating or annoying deceased by words or deeds until deceased reacted or was provoked, a particular case may be that of abetment of suicide - Such being matter of delicate analysis of human behavior, each case is required to be examined on its own facts, while taking note of all surrounding..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Common intention - Parties were related to each other - Deceased committed suicide with hanging by neck - A-1 continuously addressed or called deceased girl as his wife - Utterance was not merely of teasing but of demanding and destroying of esteem of young girl whose engagement had broken and whose uncle..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For conviction u/s 306 IPC, prosecution has to prove that : (i) deceased committed suicide; (ii) accused instigated or abetted for committing suicide; and (iii) Mens-Rea of accused...........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - It involves a mental process of instigating a person or intentionally aiding person in committing suicide - Without a positive act on part of accused to instigate or aid in committing suicide, conviction cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For conviction u/s 306 IPC there has to be a clear mens-rea to commit the offence - It also requires an active act or a direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide - No straight..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Person aggrieved by tortuous act of wrong doer can claim and demand compensation of wrong done to his property - If he demands so and wrong doer commits suicide, it does not amount to abetment of suicide...........
