Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Instigation - Word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - In a case of death due to consumption or administering of poison or insecticide or pesticide, be it homicidal or suicidal, recovery of the trace of such poison or insecticide or pesticide is crucial...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - Post-mortem examination report indicated multiple injection marks over the front of both the elbows of deceased - However, quantity of the poison in the viscera of blood of deceased was not mentioned in the FSL report - Doctors who had treated the deceased in the first nursing home and later..........
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 - Act of instigating the deceased to commit suicide must be in close proximity to the act of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Incident alleged happened more than two weeks before the date of suicide - There is no allegation that any act was done in the close proximity to the date of incident - By no stretch of imagination, alleged acts can amount to instigation to commit suicide...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Deceased stated that conduct of mother-in-law prompted her to take extreme step - Sister of deceased was present when mother-in-law quarreled with deceased, but such material witness was withheld by prosecution - Dying declaration itself does..........
