Indian Penal Code, 1860, Section 306 -- Abetment of suicide - `Instigation' is to be gathered from the circumstances of the case- In a particular case, there may not be direct evidence relating to instigation, having a direct nexus to the suicide - There may be case where the circumstances created by the accused are such that an individual may feel completely frustrated..........
Indian Penal Code, 1860, Section 306, 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Plea of mental depression as cause of suicide of deceased is devoid of any logic as live-link is proved between such torture and suicide of deceased - Hence, presumption u/s 113-B of Evidence Act is available in favour of prosecution - Prosecution proved its case -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Threatening to commit suicide by wife by way of SMS - It is an act of cruelty - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Husband proved the following acts of cruelty committed by wife against him viz: (i) threatening to cut wrist by wife, uttering that this would ensure that her husband and her i, laws are sent to jail ; (ii) threatening to commit suicide by way of SMS; (iii) Conduct of wife before Magistrate in..........
Railways Act, 1989, Section 124A -- Accident - When person falls from running train, due to vacuum created by speed of train, person falling from train is likely to suck under train - It depends as to which part of body is sucked under wheel of train - Injuries show that probably deceased had fall with head down and part of his head was crushed - Otherwise, injuries are..........
Railways Act, 1989, Section 123(c)(2), 124A -- Accident - Deceased were ordinarily labourer and it should not be expected that some independent eye-witness will come forward amongst co-passengers to state circumstances under which they fell down from train - Circumstances under which deceased fell down from train were known only to deceased - Deceased were labourers and..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Abetment of suicide - Cruelty - Death by burning - Deceased committed suicide by pouring kerosene oil upon her on the asking of accused after 11 years of her marriage - Dying declaration given by deceased nowhere indicates any demand of dowry and it only states that a quarrel..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Repeated threats of committing suicide by wife by pouring kerosene oil on her by putting blame on husband - Amounts to cruelty, as it creates reasonable apprehension in the mind of husband that it would be harmful or injurious to him to live with her - Divorce rightly granted to husband...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Without a positive act on the part of accused either to instigate or aid in committing suicide, conviction cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There must be: (i) `guilty mind' to commit an offence; (ii) it requires an active or direct act, which lead the deceased to commit suicide; (ii) No option and that this act should have driven the deceased into such a decision that she committed suicide...........
