Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation of cruelty has not been proved by specific instances, nor any specific evidence has been given with regard to dowry demand, no figure of any dowry demand has been brought on record by any of witnesses - Witnesses were not knowing root cause of death - Statement under accidental report..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by implying the presumption u/s 113-A of Evidence Act - There requires to be cogent evidence..........
Indian Penal Code, 1860, Section 306, 498A, 114, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Delay in lodging FIR itself creates a doubt though, at the time of noting accidental death parents were present before police - No such complaint of cruelty or dowry or harassment has been made - Parents had undefined occasion to give complaint..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Where wife not only threatened husband and his family to send them to jail by committing suicide but infact that attempt was made - Such an act on the part of wife would amount to such a cruelty that it becomes a ground for decree of divorce - Divorce rightly granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Criminal Procedure Code, 1973, Section 311 -- Examination of private handwriting expert - FSL report of suicide note - Suicide note in question was already examined by police during investigation from concerned Department - Said examination was deemed to be legitimate - Since Court had already ruled in the matter and petitioner did not obtain necessary approval to conduct..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Intention of accused to aid or instigate or to abet the deceased to commit suicide is a must for attracting S.306 IPC...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - None of ingredients required in law to make out a case u/s 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record - Utterance attributed to appellants assuming it to be true cannot be said..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence of communication between deceased and petitioner - Family members of deceased have belatedly levelled general, omnibus and bald allegations that deceased was distressed due to conduct of co-accused and petitioner in not returning cash and gold jewellery - Prima facie offence u/s 306 IPC not made out..........
