Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There should be clear mens rea to commit the offence for conviction u/s 306 IPC - It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide - To attract the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Conviction u/s 306 IPC is permissible even without a charge being framed in a case where accused is charged u/s 304-B IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - 99% burn injuries - Accused neither present at the time when dead body was identified nor present at the time of post mortem examination - Death occurred in the house of accused and they have to explain circumstances which were within their specific knowledge u/s 106 of Evidence Act -..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Harassment or assault simplicitor cannot amount to abetment - To constitute abetment within meaning of S.107 r/w S.306 IPC, it must be demonstrated that accused had instigated, provoked, incited, suggested or goaded deceased to commit suicide and that such result was intended by accused...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased committed suicide by consuming some poisonous substance - He borrowed Rs.28 lacs from co-accused and same was repaid by him by selling his agricultural land, but despite that he was subjected to ill-treated by applicant and other..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Deceased was suffering from mental illness or disease - Burden of proving close link in proximity of time between abetment and suicide, heavily lies on prosecution...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - There is no principle of law that wherever wife commits suicide, the husband will bear the responsibility and will be held liable - No doubt that in such cases, if prosecution discharges its initial burden of proof of guilt and has proved the relationship between abetment by husband and suicide by wife, accused..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Mental illness of deceased is admitted much earlier in time before date of death - Husband of deceased is habitual drunkard since marriage and in habit of causing harassment in drunken state and both have passed more than 15 years of marriage as such giving birth to four children, general..........
Guardians and Wards Act, 1890, Section 25, Civil Procedure Code, 1908, Section 151 -- Custody of child granted to mother - Objection by parental grandparents of child - Father of child committed suicide and a criminal case registered against mother and maternal grandparents of child - Relations between parties are not cordial due to pendency of criminal proceedings -..........
Indian Penal Code, 1860, Section 306, 411 -- Abetment of suicide - Prosecution examined three PWs which is in the nature of hearsay - PWs stated that accused being father, grandfather and step mother of deceased were not treating her well which led her to commit suicide - However, evidence on record shows that deceased pursing her study and her engagement ceremony was also..........
