Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide - Presumption - Once prosecution succeeds in establishing component of cruelty leading to conviction u/s 498-A, normally Court cannot refuse to invoke presumption of abetment, if other requirements of S.113-A of Evidence Act stand satisfied...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased having a pregnancy of 20 weeks committed suicide within 3 years of her marriage - She was being harassed both physically and mentally and in direct as well as indirect ways for non compliance with demand of accused for Rs.1 lakhs for investment in his business - Such harassment falls..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased having a pregnancy of 20 weeks committed suicide within 3 years of her marriage leaving behind a ten months old child - Defence of accused that deceased committed suicide because she was not permitted to go to her mother's place does not inspire confidence, as only for such a trivial..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused had no issue for 20 years from deceased - Deceased committed suicide after accused got re-married - Accused convicted and sentenced to 7 years R.I - However, accused served more than two years in jail - Sentence reduced to period already undergone by accused...........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 306 -- Corruption case - Grant of pardon to accused - Magistrate is duly empowered to grant tender of pardon even in respect of cases which are triable by Session judge or by Special Judge - Even if it is presumed that Magistrate is not empowered to grant pardon, it is merely an..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against mother-i, law - Merely because mother-i, law not permitted deceased to go close to her husband for the reason that she wanted to solemnize marriage of her son with her niece, is no ground to attract offence u/s 306 IPC, particularly when there was no instigation on the part of accused to..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No specific allegation against accused/sister-in-law of husband of deceased - Allegations were against husband of deceased and other family members - Suicide note as written by deceased lost its relevance as husband of deceased died during course of trial - Deceased was dying voluntarily - Nobody..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased committed suicide by consuming poison - Marriage of deceased with accused solemnized in 1995 and incident occurred in 2004 - No complaint was ever made by complainant with police or panchayat or other relations - Prosecution has not led tangible evidence to prove that accused had treated..........
Criminal Procedure Code, 1973, Section 306(4)(a) -- Approver - Cross-examination - Accused has no right to cross-examine approver, who is examined u/s 306(4) Cr.P.C. by Magistrate at the pre-commital stage, as proceeding before Magistrate is neither an inquiry nor a trial - Moreover, examination u/s 306(4) Cr.P.C. cannot be equated with examination of a witness u/s 138 of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused outraged the modesty of prosecutrix on a public road - Prosecutrix committed suicide due to humiliation, insult and mental pain caused by act of accused - Intention of accused was only to outrage the modesty of a prosecutrix, and he could not have thought of any consequence that she would commit suicide..........
