Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Suicide - Not mutually exclusive - Held, S.306 IPC is much broader in its application and takes within its fold one aspect of S.304-B IPC - These two sections are not mutually exclusive - If a conviction for causing a suicide is based on S.304-B IPC, it will necessarily attract S.306 IPC - However, converse is not..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Criminal Procedure Code, 1973, Section 221, 222 -- Dowry death - Suicide within two years of marriage - Charge u/s 304-B - Beatings given to wife were not in connection with demand of dowry - Offence u/s 304-B IPC not proved - Accused guilty of offence u/ss 498-A, 306 IPC - Accused convicted u/ss 498-A, 306 IPC instead of..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption under - If a woman has committed suicide within a period of seven years from date of her marriage and that her husband had subjected her to cruelty, Court may presume, having regard to all other circumstances of case, that such suicide had been abetted by her..........
Criminal Procedure Code, 1973, Section 306, Evidence Act, 1872, Section 133, 114 - - Grant of pardon - Evidence of accomplice - Held, when pardon is tendered to an accomplice u/s 306 Cr.P.C. accomplice is removed from category of co-accused and put into category of witness and evidence of such a witness as an accomplice can be the basis of conviction as provided in S.133..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Suicide within seven years of marriage - Deceased was subjected to cruelty and harassment as a result of such treatment of cruelty and harassment deceased was driven to meet the suicidal death - Court rightly presumed, having regard to all other circumstances of the case, that such suicide has been..........
Indian Penal Code, 1860, Section 306 -- To constitute an offence u/s 306 IPC prosecution has to establish that a person has committed suicide and the suicide was abetted by the accused - Prosecution has to establish beyond reasonable doubt that deceased committed suicide and accused abetted the commission of suicide...........
, Section 306 - - Suicide - Extra marital relationship of husband - Nothing brought out by prosecution to show that accused had provoked, incited or induced wife to commit suicide - Extra marital relationship was not of such a nature which under normal circumstances would drive one to commit suicide or that husband by his conduct or otherwise ever abetted or intended to..........
Indian Penal Code, 1860, Section 107, 120B, 306, 406, 420 -- Abetment to suicide - Deceased was cheated - Committed suicide - Prosecution under - Propriety - Non-fulfilment of contractual obligations - Non adherence to financial dealings - Petitioner neither provoked nor incited nor urged nor goaded deceased to commit suicide - Held, no offence of abetment is made out -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There should be positive evidence that accused intentionally hatched a conspiracy or actually/actively aided and abetted in such a manner, leaving no option for deceased to commit suicide - Without a positive act on the part of the accused to instigate or aid in committing suicide, there cannot be any abetment..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Ingredients - Knowledge, intention, mens rea, positive active participation leaving no option and compelling a person to commit suicide are the essential ingredients of the provision of S.306 IPC...........
