Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere demand of money from the wife or her parents for running a business without anything more would not constitute cruelty or harassment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment is not sufficient to hold an accused guilty of abetting commission of suicide - It also requires an active act or direct act which led deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption u/s 113-A of Evidence Act - Mere fact that deceased committed suicide within a period of seven years of marriage, presumption u/s 113-A of Evidence Act would not automatically apply - Presumption u/s 113-A of Evidence Act may be raised having regard to all other..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide within 7 years of marriage - There was a demand of money by accused, as he wanted to start a ration shop - However, no evidence on record in the form of cruelty and harassment on the part of husband which would in ordinary circumstances drag wife to commit suicide as if she was left..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused had by their act and consecutive course of conduct, constituted such circumstances that deceased was left with no other option except to commit suicide - On the grounds of these repeated ferocious acts of accused, an instigation may have to be inferred by trial Court while framing charge u/s 306 IPC -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - When a victim suffering from cruelty makes a complaint and later on alleged accused commits suicide, then victim cannot be responsible for extreme step taken by said accused...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Wife left matrimonial home after husband gave beatings to her on her refusal to comply with request on unnatural carnal intercourse while she was pregnant and filed complaint u/s 377 IPC against husband - Husband committed suicide after one month of filing complaint - Wife not liable for offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - To ascertain that whether there was any act of instigation it has to be gathered from the circumstances of case which clearly portrays the guilty mind of accused conspiring to instigate the deceased to the verge of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quarrels by accused, or words uttered in anger or omission without any intention cannot be termed as instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Offence of abetment by instigation depends upon intention of person who abets and not upon the act which is done by person who had been abetted...........