Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 107 -- Anticipatory bail - Abetment of suicide - Prosecution not able to collect any evidence to show that petitioner by his words or conduct suggested to deceased to commit suicide or that he did something which was proximate to commission of suicide by deceased - General allegation is not..........
Indian Penal Code, 1860, Section 302, 306, 34 -- Nature of offence - Dispute between parties as to encroachment on the way - PWs stated that deceased was troubled by accused that forced him to jump into the well to commit suicide - It is proved on record that on the day of incident accused was abusing deceased and blocked the way of his house, which led him to commit..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased committed suicide by consuming insecticide - Suicide note recovered from dead body of deceased - Though filthy words were used by accused during altercation between deceased and accused just before 1 hour prior to alleged suicide but it cannot be said that accused wanted or intended deceased to commit..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 34, 386, 365, 212 -- Anticipatory bail - Offence u/ss 306, 34, 386, 365, 212 IPC - Petitioner named in the FIR - Overt act attributed to petitioner - Nature and gravity of the offences in question, shows that it was not a fit case where petitioner is entitled to benefit of anticipatory bail -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Cruelty or harassment sans demand of dowry, which forces wife to commit suicide attracts offence of abetment of suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - `Instigation' is to be gathered from the circumstances of the case- In a particular case, there may not be direct evidence relating to instigation, having a direct nexus to the suicide - There may be case where the circumstances created by the accused are such that an individual may feel completely frustrated..........
Indian Penal Code, 1860, Section 306, 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Plea of mental depression as cause of suicide of deceased is devoid of any logic as live-link is proved between such torture and suicide of deceased - Hence, presumption u/s 113-B of Evidence Act is available in favour of prosecution - Prosecution proved its case -..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Abetment of suicide - Cruelty - Death by burning - Deceased committed suicide by pouring kerosene oil upon her on the asking of accused after 11 years of her marriage - Dying declaration given by deceased nowhere indicates any demand of dowry and it only states that a quarrel..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Without a positive act on the part of accused either to instigate or aid in committing suicide, conviction cannot be sustained...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There must be: (i) `guilty mind' to commit an offence; (ii) it requires an active or direct act, which lead the deceased to commit suicide; (ii) No option and that this act should have driven the deceased into such a decision that she committed suicide...........
