Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Conviction - Validity - Deceased due to continuous ill-treatment alleged to have poured kerosene oil on her person and set herself on fire - Dying declaration recorded before Executive Magistrate soon after occurrence, reliable and corroborated by medical evidence and evidence of other witnesses..........
Prevention of Corruption Act, 1988, Section 12, 7, Indian Penal Code, 1860, Section 107, 120B -- Sting operation by private persons - Held, a journalist or any other citizen who has no connection with favour that is allegedly sought in exchange for bribe offered cannot be imputed with necessary intent to commit offence of abetment u/s 12 or that of conspiracy u/s.120-B..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence that deceased was compelled to consume poison - However, a situation was created over a sufficiently long period of time whereby deceased was left with no option but to take her life - Held, offence u/s 306 IPC is clearly made out...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment to commit suicide - Failure of a married person to take his wife along with him to place where he is working or posted would not amount to cruelty leading to abetment of committing suicide by wife - Taking wife to place of posting depends upon several factors like convenience of both, availability of..........
Evidence Act, 1872, Section 113A -- Suicide by married woman - Presumption u/s 113A - Held, if a married woman commits suicide within a period of seven years of her marriage, presumption u/s 113A would not automatically apply - Presumption would apply if it is shown that her husband or any relative of her husband has subjected her to cruelty which resulted into abetment to..........
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, Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption under - If a woman has committed suicide within a period of seven years from date of her marriage and that her husband had subjected her to cruelty, Court may presume, having regard to all other circumstances of case, that such suicide had been abetted by her..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - In absence of direct evidence in regard to instigation which may have direct nexus to suicide, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which in fact had created the situation that a person felt totally frustrated and committed..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - The offence of abetment by instigation depends upon the intention of the person who abets and not upon the act which is done by the person who has abetted - The abetment may be by instigation, conspiracy or intentional aid as provided u/s 107 IPC - However, the words uttered in a fit of anger or omission..........
Indian Penal Code, 1860, Section 306, 107 -- Abetment of suicide - Instigation has to be gathered from the circumstances of a particular case - No straight-jacket formula can be laid down to find out as to whether in a particular case there has been instigation which force the person to commit suicide...........