Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased suspected her husband to be in extra marital relation which fact she stated to her family members also - However, there is no evidence that in order to seek divorce from deceased there was cruelty to extent she was driven to commit suicide - No proximate live link between cruelty or..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a situation is created deliberately so as to drive a person to commit suicide, there would be room for attracting S.306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely for the reason that senior officer assigned some work to deceased, it cannot be said that there was any guilty mind or criminal intent - Exigencies of work and situation may call for certain action on part of a superior including stopping of salary of a junior officer for a month - That action simplicitor..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Entrustment of streedhan - Marriage between parties dissolved by USA Court - Husband came to India to avoid liability of maintenance as imposed by USA Court - No cogent material on record that accused while in India harassed or humiliated complainant on account of demand of dowry or treated her in such a manner..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of wife by husband - Accused were persistently making demand of dowry from deceased and her family members and they used to harass her for such cause - Story of suicide as propounded by accused is wholly unreliable, as it is difficult for a person to commit suicide by using DBBL gun and that too by firing 7 gun shots one..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Sheer consumption of "kaali mirch" (pepper) cannot be said to be a reason to raise allegations for attempt of suicide, as consuming pepper cannot be a method to commit suicide or to induce miscarriage, particularly when delivery was live and no harm was even caused to..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Dowry death - Cruelty - Demand of dowry - Quashing of proceedings - Jethani residing in another State whereas deceased committed suicide at the residence of her parents - She cannot be said to be beneficiary of dowry demanded, if any - In..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To constitute commission of an offence of abetment of suicide, an element of mens rea is an essential ingredient as abetment involves a mental preparedness with an intention to instigation, provoke, insight or encourage to do an act or a thing - Besides such process of instigation etc., must have close proximity..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - No allegation in suicide note or in challan that deceased and accused either communicated or met with each other after resigning from his job by deceased till his death - Material on record do not suggest mental preparedness of accused with an intention to provoke, incite or instigate deceased to..........
