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 489B -- Fake currency notes - Seized currency was recovered from possession of accused - However, prosecution has failed to bring on record any materials to show that accused knew or having reasons to believe the currency notes seized from him are forged or counterfeit - Even, accused entered into altercation with PW3 regarding question of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
