A. Indian Penal Code, 1860—Section 306—Abetment of Suicide—Requirement of Mens Rea—Conviction under Section 306 IPC requires clear evidence of intention and active participation in provoking the suicide—Mere verbal altercations or neighborhood quarrels, without any specific instigation or sustained harassment, do not amount to abetment—In the absence of direct or indirect acts intended to push the victim to suicide, appellant entitled to acquittal. [Paras 14, 21, 23] B. Criminal Law—Abetment—Principles governing conviction under Section 306 IPC—Essential that the accused had intentionally aided or instigated the act of suicide—Casual or emotional outbursts made in anger or heated exchange, without deliberate intent, do not meet the legal threshold for abetment—Held,...
(A) Penal Code, 1860—Section 306 (now Section 108, Bharatiya Nyaya Sanhita, 2023)—Abetment of Suicide—Requirement of Direct Nexus—Mere allegations of persistent harassment or humiliation, in absence of a proximate or inciting act, do not establish the offence of abetment—Essential to show a direct link or instigating conduct immediately preceding the suicide—FIR rightly quashed where no material disclosed requisite mens rea or incitement. (Paras 22, 23, 39, 40) (B) Penal Code, 1860—Section 306 (now Section 108, BNS)—Necessity of Immediate Provocation—To sustain a charge under Section 306, there must be an identifiable, immediate cause or act which allegedly drove the deceased to suicide—Generalized allegations of mental torture over time insufficient without a s...
A. Penal Code, 1860—Sections 498A and 306—Cruelty and Abetment of Suicide—Conviction Set Aside—Conviction of husband and mother-in-law under Sections 498A and 306 IPC set aside on appeal—Allegations were based solely on a single incident on the day of the deceased’s death concerning a domestic quarrel—Dying declaration and evidence did not establish sustained cruelty or any instigation to commit suicide—Held, a solitary quarrel, absent continuity or mens rea, cannot sustain conviction under Sections 498A or 306 IPC. (Paras 3, 5, 7, 8, 9, 13, 15) B. Penal Code, 1860—Section 306—Abetment of Suicide—Legal Standard Clarified—To attract Section 306, there must be clear and proximate acts of instigation, incitement, or active encouragement to commit suicide, coupled...
Criminal appeal under Section 372 CrPC challenging acquittal in a case under Section 306 IPC for abetment of suicide was dismissed—The Court reiterated that the essential ingredient of Section 306 IPC is “abetment” as defined under Section 107 IPC, which necessitates instigation, intentional aiding, or active encouragement—Mere anger or emotional outbursts, without mens rea or intent to provoke suicide, do not constitute abetment—To prove guilt, the prosecution must establish direct or indirect acts of incitement proximate to the time of suicide—General allegations of harassment, absent specific, intentional conduct compelling the deceased to end their life, are insufficient—A suicide note must contain concrete allegations tied to specific conduct or incidents near the time of death; generic expre...
Indian Penal Code, 1860 Section 306—Abetment of Suicide—Mens Rea—The appellant, a school correspondent, was accused under Section 306 IPC for abetting the suicide of a student who ended his life after being scolded—The reprimand followed a complaint lodged by another student—The Court held that the appellant’s action of scolding was within the scope of his official duty and did not reflect any criminal intent or mens rea necessary for constituting abetment of suicide—Mere disciplinary action, without intent to provoke or instigate suicide, cannot attract penal liability under Section 306 IPC—Consequently, the Court found no sufficient grounds to proceed with the charges and set aside the prosecution—The appellant was discharged from all allegations. ...
Criminal Procedure Code, 1973—Section 482—Quashing of FIR and Proceedings—No Prima Facie Case—Abuse of Process—Section 306 IPC—Abetment to Suicide—The High Court’s inherent jurisdiction under Section 482 CrPC to quash criminal proceedings is exercisable to prevent abuse of the court’s process or to secure ends of justice—Quashing is warranted where allegations in the FIR or complaint, taken at face value, do not disclose any offence or make out a case against the accused, or where the case is manifestly frivolous, absurd, or baseless (State of Haryana v. Bhajan Lal). Conviction under Section 306 IPC for abetment to suicide requires clear proof of instigation or active aiding; mere petulance, discord, or refusal to provide work without proximate link to suicide is insufficient (Ra...
Penal Code, 1860—Sections 306 & 107—Abetment of Suicide—To convict for abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused intentionally instigated or actively aided the suicide with a clear mens rea, as defined under Section 107 IPC—Mere allegations of harassment, frequent quarrels, or strained relations are insufficient; there must be a proximate, direct or indirect act of instigation leaving the deceased no option but to commit suicide—Instigation entails an active mental process involving words or conduct aimed at stimulating the act, and ordinary domestic discord or emotional outbursts do not amount to instigation—In appreciating evidence, courts must carefully scrutinize specific proof rather than rely on omnibus allegations—The absence of eyewitness ...
(A) Penal Code, 1860 Section 306—Abetment of Suicide—To establish abetment of suicide under Section 107 IPC, the essential ingredients must be proved, including instigation, intentional aiding, or conspiracy—Mere allegations of harassment or insulting behavior occurring a month before the suicide, without any proximate or continuous acts leading to the death, do not fulfill the criteria for abetment—Therefore, the absence of immediate or continuous acts of instigation or aiding means that the charge of abetment of suicide cannot be sustained. (Paras 13 to 15, 16) (B) Penal Code, 1860 Section 306—Abetment of Suicide—Mens Rea and Legal Criteria—In cases of abetment of suicide, the mens rea (guilty intent) must be clearly established and cannot be presumed—Harassment or insults, unless ...
(A) Indian Penal Code, 1860 Section 306, Sections 304B, 498A—Abetment of Suicide—Criminal Law—Dowry Harassment—Abetment of Suicide—Where the deceased was subjected to repeated torture and dowry-related abuse, and committed suicide following verbal abuse by the appellant on the day of the incident, it was held that the appellant’s conduct constituted abetment of suicide under Section 306 of the Indian Penal Code—The prosecution established a clear link between sustained harassment and the act of suicide, demonstrating the appellant’s instigation and mental cruelty—The Court concluded that the guilt of the appellant was proved beyond reasonable doubt, warranting conviction under Section 306 IPC for abetment of suicide arising from dowry-related cruelty. (Paras 11 to 12) (B) ...
Penal Code, 1860—Section 306—Quashing of Charge Sheet—The petitioner sought quashing of the charge sheet in Sessions Case No.70 of 2020 under Section 306 IPC, arguing that the allegations do not establish a prima facie case for abetment of suicide—The deceased's father lodged a complaint alleging threats and harassment by the petitioner, his son-in-law, related to a financial transaction involving a borewell vehicle, leading to the deceased's suicide—However, the petitioner contended that mere threats, scolding, and refusal to transfer the vehicle ownership were insufficient to constitute instigation or abetment under Section 306 IPC—The court examined the materials on record, emphasizing that for abetment under Section 306, there must be clear evidence of intention to instigate or aid the suici...
(A) Indian Penal Code, 1860 Sections 306 and 420—FIR alleging abetment of suicide and cheating—The Supreme Court upheld the High Court's decision to quash proceedings under Section 306 of the IPC, which deals with abetment to suicide—The High Court ruled that there was no sufficient proximity between the alleged acts of instigation and the suicide, leading to a lack of a reasonable nexus between them—The Supreme Court agreed, emphasizing that for Section 306 to apply, there must be clear evidence that the accused's actions directly contributed to the victim's decision to take their own life—In this case, such a connection was not established. (Paras 13 to 15) (B) Indian Penal Code, 1860 Section 420—FIR alleging cheating—The Supreme Court set aside the High Court's deci...
Penal Code, 1860—Section 306—The offence of abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused either instigated the deceased to commit suicide, engaged in a conspiracy, or intentionally aided the act, as defined under Section 107 IPC—The accused's actions must exhibit clear mens rea, with a positive act that pushed the deceased into a position where suicide seemed like the only option—Evidence such as routine quarrels, verbal abuse, occasional physical altercations, or demands for money in a romantic relationship is generally insufficient to prove abetment under Section 306 IPC—Hypersensitivity of the deceased to minor relationship discord cannot be the basis for conviction—Unless there is clear evidence of a direct, ongoing course of conduct by the accused aim...
The appellant-complainant and the State have filed appeals under Section 372 r/w Section 378 of the Code of Criminal Procedure, 1973, challenging the acquittal of accused persons Bhiknath, Bhanwar Nath, and Vari Devi by the trial court on 09.12.2014—The accused were acquitted of charges under Section 306 of the Indian Penal Code for abetting the suicide of Dinesh @ Bhupendra Nath, who died by hanging on 01.01.2006—Despite the recovery of a suicide note and diary from the deceased, the trial court found that these documents were not conclusively linked to the deceased due to the absence of forensic analysis—The court also noted a lack of direct evidence proving that the accused had incited or abetted the suicide—The prosecution's claims were further weakened by inconsistencies in witness testimonies and the abse...
Penal Code, 1860—Sections 306—For a conviction of abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused intentionally instigated or aided the deceased in committing suicide—The prosecution must demonstrate a proximate act of abetment, with a definite mens rea, compelling the deceased to end their life—Merely presenting bald allegations or evidence of marital discord unrelated to the accused, or submitting unverified suicide notes or diaries, is insufficient—The existence of such documents alone does not establish the accused’s direct involvement unless their authorship is proven—In cases where alleged writings of the deceased (suicide notes, diaries) are pivotal, the prosecution must establish the authorship through admissible evidence, such as forensic analysis ...
Indian Penal Code, 1860—Sections 498A and 306—Conviction Set Aside—Requirements of Specific Allegations and Evidence of Abetment—In appeals challenging conviction under Sections 498A and 306 IPC, the High Court reversed the trial court’s judgment, emphasizing the legal necessity of specific and substantiated allegations to sustain charges of cruelty and abetment of suicide—The prosecution’s case was based on vague, omnibus accusations of dowry harassment, lacking particular instances, dates, or corroborative evidence to demonstrate acts of cruelty as defined under Section 498A—Furthermore, the evidence failed to establish the requisite mens rea or instigation by the accused necessary to attract Section 306 IPC—The Court held that mere occurrence of suicide within seven years of marriag...
The quashing of an FIR under Sections 306 and 107 of the Indian Penal Code (IPC) and Sections 3(1)(g), 3(1)(r), and 3(1)(y) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court emphasized the need for clear evidence of abetment in suicide—To establish an offence under Section 306 IPC, there must be direct or indirect acts of instigation, intentional aiding, or conspiracy that demonstrate a clear intention to push the deceased towards suicide—Mere allegations of harassment or disputes without concrete actions directly compelling the suicide are insufficient—Additionally, to sustain charges under the SC/ST Act, the prosecution must prove specific intent on the part of the accused to humiliate the victim based on caste, and that the humiliation occurred in public view—In the abs...
Penal Code, 1860—Sections 107, 306—Abetment of Suicide—Requirement of Proof of Instigation or Aiding—Under Section 306 of the Indian Penal Code (IPC), the offence of abetment of suicide requires clear evidence of instigation, intentional aiding, or conspiracy that directly led to the victim's suicide—The Court clarified that mere allegations of harassment or pressure are insufficient to establish abetment of suicide—Section 107 IPC defines abetment, emphasizing that the accused must have the intention to provoke or encourage the deceased to take their life—The prosecution must prove that the accused’s actions directly caused the suicide, leaving the deceased with no other alternative—In the absence of such evidence, the Court ruled that vague allegations of harassment cannot suppor...
Penal Code, 1860 (IPC)—Sections 306—This case concerning abetment of suicide under Sections 306 and 114 of the Indian Penal Code, the Supreme Court allowed the appeal and set aside the conviction of the appellants—The Court reiterated that to secure a conviction under Section 306 IPC, the prosecution must establish a direct or indirect act of instigation or incitement, with clear mens rea, proximate to the time of the suicide—In the present case, such evidence was lacking—The Court also noted a 20-day unexplained delay in the lodging of the FIR and observed significant inconsistencies in the testimonies of prosecution witnesses, undermining the reliability of the evidence—Further, the alleged suicide note was found under dubious circumstances and was not conclusively proven to have been authored by the ...
Quashed. Reinvestigation ordered. (A) Criminal Procedure Code, 1973—S.482—Quashing of charge sheet—Offence of Abetment of suicide—Relying upon the "First Information", without any investigation from any other angle, the Charge sheet is filed—None of the ingredients required in law to make out a case under Section 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record—The utterance attributed to the appellants assuming it to be true cannot be said to be of such a nature as to leave the deceased Tanu with no other alternative but to put an end to her life—FIR and charge sheet quashed. (Para 21) (B) Criminal Procedure Code, 1973—S.173—Further investigation, suo motu directions—In the petition for Quashing of ch...
Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—The criminal appeal challenges the order of the High Court of Judicature at Allahabad, which declined to quash proceedings under Section 306 of the IPC against the appellants—The case involves the alleged suicide of Tanu, linked to a conflict between her family and the appellants due to the relationship between Tanu's cousin, Ziaul Rahman (deceased), and the appellants' son—The FIR accused the appellants of abetting Tanu's suicide by humiliating her with threatening remarks—However, the Supreme Court found that the charge-sheet and investigation lacked sufficient evidence to establish abetment under Section 306 IPC—It held that the statements made by the appellants, even if true, did not meet the threshold for abetment of suicide&m...
Penal Code, 1860 (IPC)—Sections 498A—In a case involving Sections 498A (Cruelty) and 306 (Abetment to Suicide) of the Indian Penal Code, 1860, the appellant was acquitted due to inconsistencies in the evidence, particularly the deceased's dying declarations—The court found that the second dying declaration, which implicated the appellant, was unreliable, likely influenced by the deceased's relatives, and did not establish clear evidence of abetment—The court also noted that the prosecution failed to prove the essential elements of abetment under Section 107 of the IPC—The court emphasized that for a conviction under Section 498A, the cruelty must be of such a nature that it compels the victim to commit suicide—Mere suspicion or verbal altercations, without evidence of substantial cruelty, do not...
Anticipatory Bail—Section 482 Bhartiya Nagrik Suraksha Sanhita, 2023—Abetment to Suicide Allegation—The applicant sought anticipatory bail in connection with Crime No. 05/2025 registered under Section 107 of the BNS, alleging abetment to suicide—The prosecution claimed the applicant pressured the deceased, a junior sportsman, over suspicion of theft, leading to his suicide—The applicant contended that mere suspicion and confrontation over stolen money do not constitute abetment, asserting his innocence—The court noted both parties were young athletes and acknowledged the emotional impact of the incident—However, it found no prima facie evidence indicating the applicant intentionally created unbearable circumstances compelling the deceased to commit suicide—The court emphasized balancing emot...
Discharged. Penal Code, 1860 (IPC)—S.306—Offence of abetment of suicide—Appeal to impugn dismissal of Discharge Application—Accused is money lender—Incident is demanding repayment of loan—Viewed from the armchair of the appellant, the exchanges with the deceased, albeit heated, are not with intent to leave the deceased with no other option but to commit suicide—This is the conclusion taking a realistic approach, keeping the context and the situation in mind. Strangely, the FIR has also been lodged after a delay of two months and twenty days—Case against the appellant is groundless for framing of a charge under Section 306—Hence, discharged the appellant from proceedings in Sessions Case. (Paras 19,21) Result:- Appeal allowed. ...
Penal Code, 1860 (IPC)—Section 306—Abetment to Suicide—The Applicant, Accused No. 1 in FIR No. 0251 of 2024 registered at Sion Police Station, challenges the invocation of Sections 306 (abetment of suicide) and 34 (common intention) of the Indian Penal Code (IPC)—The Applicant contends that no specific act of abetment can be attributed to him, and the FIR is a false allegation—He argues that the delay in lodging the FIR (38 days), absence of direct connection between his actions and the deceased's suicide, and the lack of any clear instigation or abetment warrant quashing of the FIR—The prosecution relies on the suicide note and evidence indicating a threatening phone call made by the Applicant to the deceased, which allegedly triggered the suicide—The Court distinguished the present case from...
Acquitted. Penal Code, 1860 (IPC)— Sections 306, 506, 114 [Bharatiya Nyaya Sanhita, 2023—Sections 108, 351 (2)/ (3), 54——Abetment of suicide—Deceased had an Affair with one Accused's wife—Dying declaration of the victim and a chit, purportedly recovered from the victim's trouser and written by him, implicating the appellants as persons who had provoked him to put an end to his life while alleging that he was involved in an extra-marital affair with the wife of one of the Accused—Court read the dying declaration, available at page 6 of the application for additional documents—Also, the contents of the chit (in Gujarati) have been read out and translated to us by Mr. Mody, learned senior counsel, who is present in Court—Even accepting that there is absolutely no doubt with reg...
Indian Penal Code, 1860—Sections 306 and 498A; Dowry Prohibition Act, 1961—Section 4—Abetment of Suicide—Presumption under Section 113B of the Evidence Act, 1872—Conviction Set Aside—The appellant, brother-in-law (Jeth) of the deceased, was convicted under Sections 306 and 498A IPC and Section 4 of the Dowry Prohibition Act for abetment of suicide and cruelty—The deceased committed suicide by self-immolation due to alleged dowry harassment—The courts below heavily relied on the presumption under Section 113B of the Evidence Act—The Supreme Court held that for invoking Section 113B, cogent evidence of harassment or abetment is a prerequisite—In the absence of evidence directly linking the appellant to harassment or instigation, the presumption cannot apply—Additionally, no c...
Penal Code, 1860 (IPC)—Section 306—Abetment to Suicide—The applicant has filed a criminal revision under section 397 and Section 401 of the Code of Criminal Procedure, aggrieved by the First Additional Sessions Judge's order in Sessions Case No. 101/2017, where charges under Section 306 and 201 of the IPC have been framed—The case involves a student named Priti Yadav who committed suicide by jumping from the roof of Kamla Nehru Public Higher Secondary School, Kharsia, due to non-deposition of re-admission and monthly fees—The applicant and co-accused Sushil Kumar Bhanwar were charged under Section 306,34 of the IPC—The applicant argues that the Sessions Judge failed to appreciate the fact that no offence under Section 306, 34, and 201 of the IPC is attracted against the applicant—He also argue...
Discharged. (A) Penal Code, 1860 (IPC)—S.306 , S.34 , S.107—Bhartiya Nyaya Sanhita, 2023, BNS—S.108 , S.3(5) , S.47—Appeal by Accused—To impugn the order which dismissed the Application for discharge—Prosecution has failed to prima facie establish that the appellants had any intention to instigate or aid or abet the deceased to commit suicide—No doubt that a young woman of 25 years has lost her life in an unfortunate incident—However, in the absence of sufficient material to show that the appellants had intended by their words to push the deceased into such a position that she was left with no other option but to commit suicide, continuation of criminal proceedings against the appellants would result in an abuse of process of law. (Para 37) (B) Constitution of India, Article 136—...
Acquitted. Indian Penal Code, 1860—Sections 417, 376, and 306 [Bhartiya Nyaya Sanhita, 2023, Sections, 318 (2), 64, 108]—Appeal by Convict—Offence of Abetment of suicide of lover girl—It is only a case of broken relationship which by itself would not amount to abetment to suicide—The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide—Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide—Even ...
Penal Code, 1860—Section 306 read with Section 34—Abetment of Suicide—Appreciation of Evidence—Appeals were filed against the acquittal of the accused by the Additional Sessions Judge, Fast Track Court, Shimla, in a case under Section 306 read with Section 34 IPC—The case arose from the suicide of Vikas, a computer repair shop owner, allegedly driven by depression after his wife Sonia left the matrimonial home and her father, Swaroop Singh, issued threats—The prosecution relied on a suicide note, witness testimonies, and circumstantial evidence, including the discovery of Nuvan pesticide at the scene—The Trial Court acquitted the accused, finding the evidence insufficient to establish abetment—Statements by witnesses, including the deceased's relatives, were deemed general and lacking th...
Bharatiya Nyaya Sanhita, 2023—Sections 45 & 108—Bail—Abetment of suicide—Essential ingredients—Petitioners, a journalist and RTI activist, accused of abetting suicide of a former Gaon Panchayat President, were granted bail by the High Court—Suicide notes named the petitioners, alleging mental harassment through media and RTI complaints—Relying on SC judgments (Ude Singh, Chitresh Kumar Chopra, Ramesh Kumar), the Court held that mere allegations or indirect acts without proximate and intentional instigation do not constitute abetment—Public officials are subject to criticism and must defend allegations lawfully—No prima facie case of direct incitement or mens rea was made out—Bail was granted on execution of bond of ₹20,000 with sureties—Bail applications allowed. ...
Penal Code, 1860 (IPC)—Section 306—The appeal is against a judgment passed by the learned Additional Sessions Judge (I), Kangra at Dharamshala, H.P., which acquitted the respondents of an offense punishable under Section 306 read with Section 34 of the Indian Penal Code—The facts of the case involve a deceased driver, Kamaljeet Singh, who was abused by his mother Sheela Devi and sister Harindera Kumari—The deceased woke up, poured kerosene oil on himself, and set himself on fire—His wife Santosh Devi also suffered injuries—Kamaljeet Singh's medical examination revealed 95% burns, and he was referred to Dr. Rajendra Prasad Government Medical College, Tanda—The post-mortem examination revealed antemortem burn injuries, and a post-mortem report was issued—The case was assigned to the learne...
Penal Code, 1860 (IPC)—Sections 498A—The appellant was acquitted of charges under Sections 304B, 306, and 498A of the IPC, relating to dowry death, abetment of suicide, and cruelty—The prosecution failed to prove essential elements such as active abetment or continuous cruelty soon before the deceased’s death—The testimonies of prosecution witnesses were inconsistent and lacked concrete evidence linking the appellant to the offences—Additionally, defense witnesses corroborated the appellant's claims of a cordial relationship—The Court emphasized that suspicion or indirect allegations cannot sustain a conviction under these provisions—The conviction was set aside, and the appellant was acquitted, with the order for release if not required in any other case. ...
Penal Code, 1860 (IPC)—Section 306—The accused in SC No.136 of 2006, on the file of Additional Sessions Judge/Special Judge for NDPS Act cases, Thodupuzha, challenged his conviction and sentence under Section 498A of IPC—The accused was originally charged under Section 306 of IPC, which was that he abetted the suicide of the deceased Smt. Jancy. After a trial, the trial court found no sufficient evidence to prove that the accused abetted the suicide, and he was acquitted—However, the prosecution's testimony showed that the accused subjected his wife to cruelty both mentally and physically, which would attract an offence punishable under Section 498A of IPC—The accused was convicted under Section 498A and sentenced to simple imprisonment for two years, a fine of Rs. 15,000/-, with a default sentence of sim...
Penal Code, 1860 (IPC)—Section 306—The court addressed the petitioners' challenge to a summoning order under Section 306 of the IPC, following the self-immolation of the deceased, who left a suicide note attributing blame to the petitioners for harassment—The petitioners contended that there was no direct causation linking their actions to the suicide, highlighting the closure of previous complaints against them—The respondents argued that the harassment directly led to the suicide, supported by the suicide note and dying declarations—The court quashed the summoning order, emphasizing the lack of sufficient evidence establishing a direct link between the petitioners' conduct and the suicide, as well as the temporal gap between the termination of the deceased's employment and her death—It rei...
Accused under Sections 306, 379, and 34 IPC, challenged the framing of charges for abetment of suicide—The court examined the allegations, which indicated that the petitioner had taken ₹1,00,000 from the deceased, Rajveer, under the pretext of purchasing a goat—Following an incident involving Rajveer's unconsciousness, he subsequently committed suicide—The court noted that the essential elements for abetment under Section 306 IPC require evidence of the accused’s intention to instigate or aid the suicide, which was absent in this case—It determined that the mere pressure from financial loss does not constitute abetment—Consequently, the charge under Section 306 IPC was set aside, although the petitioner would still face trial under Section 379/34 IPC—The revision was partly allowed, emphasiz...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—The applicant was accused of abetting the suicide of a subordinate who allegedly faced workplace discrimination and harassment—The core issues were whether the applicant's actions constituted abetment of suicide under Section 306 of the IPC and if the provisions of the SC/ST (Prevention of Atrocities) Act, 1989, were applicable—The applicant contended there was no direct evidence of harassment, that the FIR was delayed, and that the suicide resulted from personal reasons—The respondents argued that evidence, including the deceased’s diary, indicated continuous harassment by the applicant—After reviewing the evidence and relevant judgments, the court found that the essential elements of abetment of suicid...
Penal Code, 1860 (IPC)—Sections 498-A and 306—Cruelty and Abetment of Suicide—Dowry Demand Allegations—Lack of Evidence to Prove Harassment and Abetment Beyond Reasonable Doubt—In a case concerning the alleged harassment of a woman for dowry and her subsequent death by poisoning, the prosecution failed to establish beyond a reasonable doubt that the deceased was subjected to cruelty as defined under Section 498-A IPC or that there was any abetment of suicide under Section 306 IPC—Witnesses, including the deceased's family, mentioned dowry demands but could not provide evidence of continuous harassment or coercion—Neighbors and independent witnesses testified to a peaceful relationship between the deceased and the accused—The medical evidence was inconclusive regarding the cause of death,...
Discharged from trial. Indian Penal Code, 1860, Sections 107 and 306—Discharged from trial for the offences of Abetment of suicide—Accused is widow of deceased—After carefully considering the facts and evidence recorded by the courts below and the legal position established through statutory and judicial pronouncements, there is no proximate link between the marital dispute in the marriage of deceased with appellant and the commission of suicide—Prosecution has failed to collect any evidence to substantiate the allegations against the appellant—Appellant has not played any active role or any positive or direct act to instigate or aid the deceased in committing suicide—Neither the statement of the complainant nor that of the colleagues of the deceased as recorded by the Investigating Officer dur...
Penal Code, 1860 (IPC)—Section 306—Acquittal in Abetment of Suicide Case—Respondent-Hem Raj acquitted of wife's suicide—State challenges judgment, citing failure to consider harassment evidence—Defence argues allegations speculative—High Court examines mens rea requirement for abetment under IPC Section 306, cites Supreme Court precedents—Emphasizes clear intention for instigation—Trial Court's reasonable view upheld, no interference warranted." ...
Penal Code, 1860 (IPC)—Sections 306, 506—A compromise between the parties—It emphasized the need to prevent abuse of the legal process while considering the seriousness of the offence and its impact on society—The court examined the allegations and antecedents of the accused and referenced Supreme Court judgments to justify its decision—It underscored the importance of ensuring that the quashing of proceedings does not undermine the ends of justice or amount to an abuse of process—The court's decision was guided by legal principles established in previous judgments, ensuring consistency and adherence to established precedents. ...
Penal Code, 1860 (IPC)—Sections 306 and 34—Quashing the FIR and subsequent proceedings, the court applied the principles of proximate link and intentional instigation from State of Haryana vs Ch. Bhajan Lal—It emphasized the necessity of a positive act by the accused to aid or instigate suicide, dismissing mere allegations without specific incidents as insufficient—The court underscored the importance of assessing the accused's actions through the lens of a normal person's reaction to harassment—It emphasized that charges cannot hinge on potential future evidence and highlighted the need to consider the Bhajan Lal guidelines when exercising the power to quash FIRs under Section 482 CrPC—The judgment elucidated exhaustive categories warranting such power, including cases where allegations, even i...
Penal Code, 1860 (IPC)—Section 306—Abetment of suicide—Arguing biased investigation and lack of evidence—The trial court classified witnesses, but crucial testimonies conflicted—The appellant’s version differed from witness accounts—The appellant's actions post-incident were noted, including attempts to douse flames—Contradictions in witness statements, especially regarding the appellant's involvement, raised doubts—The deceased's statement, exonerating the appellant, was crucial—With no independent corroboration and influenced witnesses, the prosecution failed to prove abetment beyond doubt—Thus, the appellant was acquitted due to insufficient evidence, and the conviction was overturned—The judgment underscores the importance of corroborated evidence and ...
Penal Code, 1860 (IPC)—Section 306—Abetment of suicide—Appellant's conviction under IPC Section 306, concerning his wife's suicide allegedly due to cruelty—Despite a marriage spanning over seven years, the court questions the applicability of Section 113A of the Evidence Act—The appellant's counsel challenges the evidence of cruelty, highlighting discrepancies in witness testimonies and the appellant's absence during the incident—The State contends that the appellant's regular intoxication and abuse constituted cruelty—However, the court acquits the appellant, citing a lack of mens rea and direct evidence linking him to the alleged abetment—It emphasizes the discrepancies in witness statements and the absence of clear evidence of cruelty—Legal analysis considers def...
Penal Code, 1860 (IPC)—Section 306—First and second accused, respectively, seek anticipatory bail in a case alleging abetment of suicide under Section 306 of the IPC—The prosecution contends that the accused, both Assistant Public Prosecutors, contributed to the suicide of a colleague—The court heard arguments from both sides, emphasizing the need for thorough investigation—The suicide note, detailing workplace strain, implicates the accused, but their intention to abet suicide is pivotal—While acknowledging the seriousness of the allegations, the court grants anticipatory bail, requiring the accused to cooperate with interrogation and investigation—Conditions include appearance before the Investigating Officer, bail bonds, non-interference with witnesses, and restriction from leaving the country&...
Quashing of Trial—Indian Penal Code, 1860, Section 306—Criminal Procedure Code, Section 482—Inherent jurisdiction petition to quash trial for abetment of suicide—Motive of, not to vacate from house owned by deceased—Taking the suicide note as it is, the same does not help the prosecution at all, especially when there is no evidence on record to show that the appellant was in touch with the deceased—There were no acts of incitement on the part of the appellant proximate to the date on which the deceased committed suicide—No act is attributed to the appellant proximate to the time of the suicide which was of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide—Therefore, no offence is made out against the appellant. (Paras 9, 11) Re...
Penal Code, 1860 (IPC)—Section 306—Abetment of suicide—Abetting her husband's suicide due to poor behavior towards in-laws and neglecting household duties—The main legal issue is whether her actions constitute abetment under Section 306 of the IPC—The petitioner argues that the allegations, even if true, don't amount to abetment—The respondents claim her harassment led to the suicide—The court examines abetment definitions and relevant case law to assess the applicant's role—Analyzing legal definitions and Supreme Court precedents, the court finds the allegations trivial and not meeting legal requirements for abetment—Consequently, the applicant is discharged from the charges—This ruling underscores the importance of legal standards in determining abetment and the nee...
Indian Penal Code, Sections 498-A, 306 r/w 34—Appeal by Mother-in-law and sisters-in-law in the offence of abetment of Suicide—Suicide by burning with kerosene oil and dying declaration accusing the appellants—Evidence of all other prosecution witnesses is also reappreciated by the High Court—Though there is oral dying declaration to PW4 Jitendra, it is merely about accused persons abusing—In the considered opinion of this Court, the cumulative effect of evidence of PW3 Banti, PW4 Jitendra, PW5 Aba and PW6 Pratap is that, it is doubtful whether said episode in the morning of 09.01.2002 can be said to be the trigger point abetting suicide—It is settled law that to attract abetment, prosecution has to demonstrate and establish existence of essential ingredients—There is nothing to infer that the har...
Penal Code, 1860—Section 306—Abetment of Suicide—Acquittal—No Direct Evidence of Instigation—The appellant was convicted under Section 306 IPC for abetment of his wife's suicide, allegedly arising from dowry-related harassment—The primary issue was whether the appellant's conduct directly instigated or provoked the deceased to take her own life—The appellant argued that the conviction was based on a misreading of evidence and lacked any direct or proximate cause linking his actions to the suicide—It was contended that mere allegations of dowry harassment, in the absence of specific acts of instigation or abetment, could not sustain a conviction under Section 306 IPC—The State supported the trial court's verdict, asserting that the overall conduct of the appellant created a ...
(A) Penal Code, 1860—Section 306 —Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing—Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained—Appeal Allowed. (Para 21[44]) (B) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Abetment of suicide—Necessary ingredients—It is not in dispute that the aforesaid suicide note is the only foundation of the charge-sheet filed against the accused appellant—The accused appellant approached the High Court by filing an application under Section 482 CrPC for quashing of the charge sheet and proceedings of the criminal case registered against him—The said application was r...
(A) Penal Code, 1860—Section 306—Abetment of Suicide—Conviction and sentence—On 05.07.2000 at about 09:00 AM, the deceased was returning home after dropping the children of her sister in the school—When she had reached near the Canara Bank, the appellant was waiting there and teased her to marry him—Appellant threatened her that if she did not agree to marry him, he would destroy the family of her sisters, outrage their modesty and would kill them—After she reached home, she consumed poison in the house—Do not find any evidence on the basis of which we can hold the appellant guilty of abetting the suicide of the deceased—While the death of a young woman is certainly very tragic, it cannot be said with any degree of certainty that suicide has been proved; the other essential ingredient ...
Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Bail Application—Accused of abetting his wife's suicide, argued innocence, claiming mutual consent for divorce and weak evidence—Respondents, including authorities and the deceased's mother, alleged harassment, torture, blackmail, and forced illicit relations for dowry—They presented statements from the deceased's minor daughter, the deceased's answer sheet, and a video supporting cruelty claims—The court denied the bail application, deeming allegations serious and fearing the petitioner's influence on the minor daughter—The court directed the trial court to expedite proceedings and record the minor daughter's statement—This decision emphasizes the seriousness of abetment of suicide allegations and highlight...
(A) Penal Code, 1860—Sections 306, 107—Abetment to Suicide—Acquittal—Court Rejects Allegations: In a case involving abetment to suicide, the court ruled against the appellants, who were accused of instigating the deceased's suicide due to a loan dispute—The incident of abuse and assault occurred more than two weeks before the suicide, as per the complaint filed by the deceased's wife—The suicide note, written three days before the suicide, did not implicate the appellants in any subsequent actions—The court held that the alleged acts lacked the required proximity to the suicide date to be considered instigation—Notably, the deceased's suicide note primarily blamed his wife for the predicament, absolving the appellants of direct involvement. (Para 10) (B) Penal Code, 1860&...
Dowry Prohibition Act, 1961—Section 3—Abetment of Suicide—Conviction Based on Insufficient Evidence—The conviction of the accused under Section 306 IPC for abetment of suicide was set aside due to insufficient evidence of instigation or intentional aiding of the deceased's suicide—The essential element of abetment under Section 306, as defined in Section 107 IPC, requires proof of direct instigation, conspiracy, or intentional aid—Mere relationship disputes or emotional distress do not constitute abetment unless a clear nexus between the accused's actions and the suicide is established—The deceased's suicide note (Ex.P2) expressed personal feelings of distress but did not implicate the accused in provoking or encouraging the act—The testimonies of witnesses (PWs1, 8, and 10) rega...
Criminal Procedure Code, 1973—Section 439—Bail Rejected—Abetment of Suicide—Sexual Harassment: The petitioner sought bail in connection with Crime No. 304/2018 under Section 306 of IPC, for abetting the suicide of a woman—The deceased's father initially stated she committed suicide due to illness, but later, her husband discovered a diary indicating that the petitioner had sexually harassed, extorted money, and threatened the deceased with harm to her family, leading to her suicide—The petitioner argued there was no direct evidence and highlighted delays in submitting the diary—However, the court noted the severity of the allegations, including sexual exploitation and threats to kill the deceased's family—Despite the delay in the complaint, the court held that the accusations were se...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 482—Indian Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Prima Facie Case of Provocation by Wife—Petition for Discharge Dismissed—In this case, the petitioner-wife sought discharge from charges under Section 306 IPC, alleging that there was no prima facie case of abetment in her husband’s suicide—The petitioner argued that the deceased's death note indicated only a general sense of depression without establishing direct instigation or provocation from her end—Relying on case precedents, she argued that mere words in moments of emotional strain do not constitute "instigation" under Section 107 IPC—However, the court, while dismissing the petition under Section 482 Cr.P.C., observed that the death note and...
Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Abetment to Suicide—Section 306 IPC—In a petition under Section 439 CrPC, the petitioner sought bail for alleged offenses under Sections 323 and 306 of IPC—The prosecution alleged that the petitioner, having an illicit relationship with the deceased, verbally abused her and told her to "go and die," leading to her suicide—The petitioner argued that mere utterance of these words without any mens rea does not constitute abetment to suicide under Section 306 IPC—Citing the Supreme Court ruling in Sanju @ Sanjay Singh Senger v. State of M.P., the court held that words uttered in a fit of anger, without intent to instigate suicide, do not amount to abetment—As the charge sheet had been filed and investigation was complete, the ...
Indian Penal Code, 1860—Sections 143, 354(A), 306, 506 read with Section 149—Protection of Children from Sexual Offences Act, 2012—Sections 8, 12—Regular Bail—Abetment of Suicide—The petitioner, accused No. 7, sought regular bail under Section 439 of Cr.P.C. in a case involving the suicide of a minor girl, allegedly due to sexual harassment by accused No. 1—The petitioner was accused of threatening the victim's father but had no direct involvement in the harassment—The Court noted that the main allegations were against accused No. 1 and that the petitioner’s alleged act of cautioning the complainant did not prima facie constitute abetment of suicide—Since the matter required trial, and no further custodial interrogation was needed, the petitioner was granted bail on condition...
Indian Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Acquittal—The accused was convicted under Section 306 IPC for abetting the suicide of the deceased, linked to a family property dispute—The prosecution alleged that ongoing tensions, including a criminal complaint lodged by the accused, led to the deceased's mental strain and subsequent suicide—However, key witnesses, including the deceased's brothers, could not establish any direct acts of harassment, threats, or instigation by the accused—The court found that mere existence of a dispute or criminal proceedings is insufficient to prove abetment—Citing legal precedents requiring a higher threshold of proof for Section 306 convictions, the court ruled that the prosecution failed to establish the accused's involvement in...
Criminal Procedure Code, 1973—S. 227—Penal Code, 1860—S. 306 r/w S. 107—Abetment of Suicide—Discharge—No Prima Facie Instigation—Love Affair & Emotional Distress Not Sufficient—Discharge Upheld—Where the deceased, a final-year B.Sc. student, committed suicide allegedly due to emotional distress after the accused (her boyfriend) expressed his decision to move abroad, the trial court discharged the accused under Section 227 CrPC—The High Court upheld the discharge, holding that mere existence of a love affair and emotional disappointment do not constitute “instigation” or “abetment” under Sections 107 and 306 IPC, unless there is direct or indirect provocation or encouragement by the accused—The charge sheet lacked specific material showing the acc...
Criminal Procedure Code, 1973—Section 227—Discharge—Abetment of Suicide—Illicit relationship—No prima facie material—Self-inflicted accidental burns—Charge under Section 306 r/w. 34 IPC—Unsustainable—Discharge granted—Petitioner (accused No.2), a woman allegedly in an illicit relationship with the deceased’s husband (accused No.1), challenged the trial court’s order rejecting her discharge under Section 227 CrPC in relation to the offence under Section 306 r/w. Section 34 IPC, while discharging her under Section 498A IPC—The prosecution case was that due to the ongoing relationship between accused Nos.1 and 2, the deceased Shanthala was mentally harassed and committed suicide by self-immolation—The defence contended that the petitioner was not a relative o...
A. Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Grant of—Offence under Sections 143, 147, 306 r/w 149 IPC—Allegation of abetment of suicide by non-payment of salary—No prima facie material to show direct involvement of accused—Bail granted—Where petitioners (accused Nos.1 to 3) were not directly involved in abetment of suicide and petitioner No.1 was a woman holding a responsible position in Gram Panchayat, and petitioners Nos.2 and 3 were not government officials, anticipatory bail can be granted with conditions—Offence not punishable with death or life imprisonment—Enmity between complainant and petitioners also noted. (Paras 7–9) B. Indian Penal Code, 1860—Section 306—Abetment of suicide—Ingredients—Mere administrative lapses or ...
Criminal Law—Penal Code, 1860—Section 306—Abetment of Suicide—Essential ingredients—No suicide established—Deceased died of natural causes (myocardial infarction) nearly ten months after alleged “death note”—No material on record to indicate suicide or instigation—Death note does not specify suicide nor qualify as dying declaration under Section 32 of Evidence Act—In absence of suicide, no offence under Section 306 IPC made out—Prosecution solely based on vague allegations and death note—Proceedings held to be abuse of process—Charge sheet quashed. ...
Criminal Law—Indian Penal Code, 1860—Section 306—Abetment of suicide—Acquittal—Appeal by State—Suicide due to alleged harassment over denial of ancestral property share—Deceased consumed poison—Allegation of long-standing property dispute between deceased and accused—Death note not verified by handwriting expert—No proximate cause or instigation proved—Civil dispute and loan repayment pressure also probable cause—Trial Court’s acquittal upheld. ...
Indian Penal Code—Sections 498-A and 306—Dowry death—Abetment to suicide—Conviction reversed on appeal—Appreciation of evidence—Suicide within 1½ years of marriage—Allegation of harassment for dowry and demand for transfer of site—No complaint lodged during lifetime—Deceased residing with her parents for two months prior to death—No harassment "soon before death" proved—No evidence of instigation or abetment—Presumption under Section 113B of Evidence Act not attracted—Conviction under Sections 498-A and 306 IPC unsustainable—Prosecution evidence vague, inconsistent and lacking corroboration—Independent witness turned hostile—No proof that harassment left deceased with no option but to commit suicide—Acquittal warranted. ...
Penal Code, 1860—Sections 498A and 306—Cruelty—Abetment of suicide—Conviction—Sustainability—Deceased committed suicide by consuming sleeping tablets within a year of marriage—Evidence of parents of deceased established mental cruelty by husband—Accused consistently neglected wife, refused to eat with her, denied maintenance, and demanded gold ornaments, threatening suicide if demands not met—Conduct sufficient to amount to mental cruelty likely to drive a woman to suicide—No plausible explanation offered by accused for circumstances leading to death—Presumption under Sections 113-A and 106 of Evidence Act attracted—Conviction under Sections 498A and 306 IPC upheld—Mere defects in investigation do not vitiate otherwise credible and consistent evidence—Appe...
Indian Penal Code, 1860—Sections 498-A & 306—Cruelty—Abetment of Suicide—Long-Term Marital Separation—No Direct Evidence—Acquittal Upheld—Where the accused and deceased (his first wife) had been residing separately for over 10 years, and there was no consistent or corroborative evidence of cruelty or abetment to suicide, the essential ingredients of Sections 498-A and 306 IPC were not established—The prosecution failed to prove that the accused instigated, aided, or conspired in the suicide—A mere quarrel or insensitive remark by the accused, telling the deceased to die, is not sufficient to constitute abetment—Further, the dying declaration recorded by the police lacked medical endorsement about the mental and physical fitness of the deceased, and was not sufficiently corrob...
Indian Penal Code, 1860—Sections 498-A & 306 r/w Section 34—Cruelty—Abetment of Suicide—Presumption under Section 113-A—Acquittal—Benefit of Doubt—Reversal of Conviction—The conviction of the accused under Sections 498-A and 306 r/w Section 34 IPC by the trial court was set aside on appeal—The High Court found that the evidence was inconsistent, key witnesses were either hostile, gave contradictory statements, or admitted lack of personal knowledge of the alleged harassment—There was no cogent evidence to prove that the deceased was subjected to cruelty or abetted to commit suicide—Allegations of ill-treatment for giving birth to female children were unsupported, particularly when accused No.4 herself had two daughters and faced no such harassment—The death of the...
Criminal Procedure Code, 1973—Section 439—Bail—Offence under Sections 504, 506, 306 r/w Sections 34, 37, 109 of IPC—Alleged abetment of suicide of woman advocate belonging to SC community—Bail granted—Petitioner (Accused No.6), a Corporator, sought bail in connection with alleged abetment of suicide of a young woman advocate from a Scheduled Caste—Deceased had filed multiple complaints alleging harassment by accused, who were also involved in property and business disputes with the complainant and deceased—Incident led to registration of FIR under Section 306 IPC and SC/ST (POA) Act—Petitioner contended that he was not present at the scene of occurrence, charge-sheet was already filed, CCTV footage did not corroborate the alleged incident, and he was willing to abide by stringent condi...
Penal Code, 1860—Sections 498A and 306—Arms Act, 1959—Section 30—Cruelty and abetment of suicide—Reversal of acquittal order by High Court–Justification of–Letter has not been proved to have been written by the deceased and is surrounded by suspicious circumstances–Though, handwriting expert testified that the writing in the letter is the same as that of certain notebooks—But, no independent proof has been led regarding who owned or wrote in the aforesaid notebook–Only father and cousin identified handwriting of deceased–Prosecution was not able to prove the guilt of the appellant beyond reasonable doubt–Impugned judgment of High Court set aside–Appeal allowed. (Para 9, 10) ...
Penal Code, 1860 (IPC)—Section 107, Section 294, Section 306—Accused challenged the FIR filed under IPC sections 306 and 294(b) for allegedly abetting suicide—The FIR stemmed from a suicide note accusing the accused of harassment—However, the Court found the allegations insufficient to establish any offense—It reasoned that mere grievances against a superior officer, even if resulting in suicide, do not necessarily imply abetment—The Court emphasized the need for specific allegations and evidence of intent to abet suicide—Concluding that the FIR lacked substance, the Court quashed the proceedings, citing precedent—This ruling clarifies the necessity for concrete evidence to sustain charges of abetment to suicide. ...
Criminal Procedure Code, 1973 (CrPC)—Section 107, Section 173, Section 319—Framing of charges under Section 306 of the IPC against the appellant, S.S. Chheena, a retired IPS officer and Security Officer at Guru Nanak Dev University—The case revolves around the suicide of Saurav Mahajan, a final year law student, following a dispute over a stolen mobile phone and the subsequent investigation by the appellant—Mahajan's suicide note implicated Harminder Singh and mentioned his frustration over false allegations but did not directly implicate the appellant—The trial court had framed charges against the appellant based on a private complaint and an application by the Public Prosecutor—The Supreme Court, citing the necessity of a direct act or instigation for abetment under Section 306 IPC, found no credi...
Penal Code, 1860 (IPC)—Section 109, Section 304B—Criminal Law—Discharge—Dying Declaration—Abetment of Suicide—Criminal Intimidation—Prima Facie Evaluation. At the stage of framing charges under Section 227 CrPC, the court is required to assess whether there exists a prima facie case against the accused, without engaging in a meticulous analysis of the evidence or evaluating witness credibility—In a case involving alleged abetment of suicide (Section 306 IPC) and criminal intimidation (Section 506 IPC), the Supreme Court clarified the admissibility of the deceased’s statements under Section 32(1) of the Evidence Act—Statements relating to the cause of death, including those made to close family and in a suicide note, were held admissible as exceptions to hearsay—The cou...
Dowry Prohibition Act, 1961—Section 4—Evidence Act, 1872—Section 113A—Penal Code, 1860 (IPC)—Section 306—Case of abetment of suicide, the accused mother-in-law's involvement was not established, leading to the setting aside of her conviction—However, the deceased-wife's suicide, occurring shortly after marriage, resulted in the accused-husband's conviction—Allegations of additional dowry demand and cruelty were substantiated by the deceased's family and an independent witness—The husband's failure to intervene during the wife's self-immolation, coupled with medical evidence, supported the conviction—The legal presumption of abetment was deemed applicable, as no rebuttal evidence was presented by the accused—The court upheld the husband's convicti...
Evidence Act, 1872—Section 113A—Penal Code, 1860 (IPC)—Section 107, Section 109, Section 306—Supreme Court set aside a conviction for abetment of suicide, emphasizing that the prosecution must prove direct or indirect acts of incitement to suicide—The case involved suicide occurring ten years into the marriage, with the deceased reportedly distressed over her inability to conceive—The Court ruled that mere allegations of harassment were insufficient for a conviction under Section 306 of the Indian Penal Code—The lack of evidence linking the accused to the suicide led to the setting aside of the conviction, highlighting the importance of establishing a causal connection between the accused's actions and the suicide. ...
Evidence Act, 1872—Section 32—Penal Code, 1860 (IPC)—Section 302, Section 306, Section 34, Section 498A—Abetment of suicide, cruelty, and harassment leading to the suicide of a wife along with her two minor children—The prosecution alleged demands for dowry and a share in the deceased wife's father's property—However, the accusations were not supported by letters written by the deceased and her brother to the husband, revealing a cordial relationship—Claims that the deceased was not brought back to her matrimonial home for several months after the birth of the second child were contradicted by these letters—Inconsistencies and contradictions in the evidence of the victim's mother and brother, along with unreliable testimonies of other witnesses, led the court to find the evidence...
Penal Code, 1860 (IPC)—Section 107, Section 306, Section 498A—Evidence Act, 1872—Section 113-A—Abetment of suicide, the mere occurrence of suicide within seven years of marriage and the infliction of cruelty by the husband do not automatically imply legal presumption—The court emphasized that all circumstances, including the nature of cruelty, must be considered—Frequent quarrels and physical assaults due to the husband's addiction to 'Bhang' were deemed insufficient to invoke Section 113-A of the Evidence Act—While acquitting the accused under Section 306, the court found a proper conviction under Section 498A, recognizing that not all allegations against the husband were substantiated. ...
Penal Code, 1860 (IPC)—Section 304B, Section 306—Abetment of suicide—Appeal against conviction under Sections 306 and 498-A IPC—Allegations of cruelty leading to suicide of 18-year-old married girl—Acquittal by Trial Court—High Court reversal of acquittal based on dying declaration and evidence of cruelty—Continuous taunting and teasing leading to mental cruelty—Modification of sentence for period already undergone—Appeal dismissed, conviction upheld, and modified sentence ordered by Supreme Court. ...
Penal Code, 1860 (IPC)—Section 107, Section 306, Section 498A—Abetment to suicide, sought quashing of the charge framed by the Additional Sessions Judge—The prosecution alleged that the appellant's quarrel with the deceased, during which he reportedly used abusive language, led to the deceased's suicide—However, the Supreme Court held that the mere use of abusive language by the appellant did not meet the criteria for instigation—Notably, the suicide occurred two days after the quarrel—Emphasizing the absence of proximate cause, the Court noted the deceased's chronic alcoholism, unemployment, and a distressing suicide note—Concluding that the elements of abetment were lacking, the Court quashed the charge and set aside the High Court's order—The appellant, who was on bail, wa...