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Arturo Gatti

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It is a case of suicide committed by the deceased by consuming insecticide poison. It is alleged that the accused was harassing the deceased who was working as nurse and was behaving cruelly towards her for the sake of her salary and other financial benefits. This is not a case where the husband harassed a wife (legally married wife) resulting in death of the wife by suicide, in order to attract either Section 498-A or Section 304(B) I.P.C. If the accused asked or demanded or harassed the deceased for her salary and other finances, suicide is not the only solution for such harassment, particularly when there is no legal bondage between them as man and wife. The definition of ‘cruelty’ contained in Section 498-A I.P.C. has no application in this case, because of anomalous relationship between the accused and the deceased. Taking the prosecution allegations on their face value, they do not disclose requirements of Section 107 I.P.C. for abetment either by way of instigation or by way of intentional aiding. In the absence of basic ingredients of abetment in this case, the question of attracting Section 306 I.P.C. does not arise at all in this case.

THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.676 of 2011 BETWEEEN: C.Satish Kumar Goud … Appellant         AND 1. The State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU   CRIMINAL APPEAL No.676 of 2011   JUDGMENT: The de facto complainant/PW1 seeks to file this appeal against order of acquittal recorded by the … Continue reading

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