Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 149 -- Anticipatory bail - Abetment of suicide - False complaint made by petitioners against deceased involving his character - Deceased committed suicide as he could not bear the pressure as also dishonor heaped on him by petitioners - It will be a moot point for trial Court to..........
Indian Penal Code, 1860, Section 306, 498 - - Abetment of suicide - Cruelty - Appeal against conviction - Accused acquitted - Dying declaration demonstrated that deceased herself locked in the house and door had been broken by persons of locality to go upstairs and find her in a burnt condition outside kitchen - Public witnesses from same locality did not speak of any..........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide by a married woman - Demand of Rs.2000/3000 for LPG connection - This part of accusation found missing by the witnesses while giving their statements before the police - Held, if this part of evidence is missing from the police statements, it cripples the..........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide - Prosecution failed to establish allegation of cruelty - Presumption u/s 113-A of Evidence cannot be drawn in favour of prosecution - In that situation, it is for prosecution to establish on the basis of other evidence that applicant had intentionally aided, by..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Accused convicted u/ss 304-B, 498-A IPC - No charge framed u/s 306 IPC - For conviction u/s 306 IPC there is no necessity of separately framing charge u/s 306 IPC when accused is charged u/ss 304-B, 498-A IPC - Conviction u/s 498-A confirmed - Accused acquitted of charge u/s 304-B IPC but..........
Indian Penal Code, 1860, Section 306 -- Abetment to suicide - Proof - In letter written by victim to her husband, she did not indicate anything against her mother-i, law - No oral evidence on record to suggest that mother-i, law abetted commission of suicide by victim, that one `K' knocked door of victim in night at instigation of mother-i, law and she harassed victim on..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty and abetment of suicide - Death after seven years of marriage - Held, it cannot be said that no case can possibly be made out u/s 306 r/w S.498-A IPC after a marriage has crossed seven years' period - It is only statutory presumption that stands removed thereby also shifting onerous burden from shoulders of accused to..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide - Proof - Accused husband and i, laws alleged to have committed cruelty on deceased wife resulting in her committing suicide - Both deceased and her husband were in house of her father one day prior to her death - No history of torture or assault just one day..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Proof - Evidence of parents and brother of deceased wife only shows that deceased was married to accused-husband about 8-9 years ago and she had no child, therefore, accused persons used to taunt her saying `Banjh' - No evidence showing that due to that harassment deceased committed suicide - No evidence showing..........
Indian Penal Code, 1860, Section 304B, 306, Evidence Act, 1872, Section 113B -- Dowry death - Suicide - Absence of viscera report - Does not make any difference to fate of case - For purposes of S.304-B mere fact of an unnatural death is sufficient to invite presumption u/s.113-B Evidence Act - Chemical examination of viscera is not mandatory in every case of a dowry death..........
