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Suicide

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SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the husband harassed her dowry etc., Apex court punished the husband under sec.306 and 498 A I.P.C. = Rajeev Kumar …… Appellant Versus State of Haryana ….. Respondent – http://judis.nic.in/supremecourt/filename=40946

SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she     was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the … Continue reading

Sec.306 of I.P.C. but not under sec.304 B I.P.C. – suicide of wife = STATE OF RAJASTHAN Vs. GIRIDHARI LAL Published in judis.nic.in/supremecourt/filename=40859

When there is no evidence that the suicide was committed due to curelty and harassment by her husband for dowry soon before her death, Accused is liable to be punished only under sec.306 of I.P.C. but not under sec.304 B I.P.C. =         whether Babita’s death is  an  instance  of   dowry … Continue reading

Section 306 refers to abetment of suicide. It says that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to fine. = Suicide note completely exonerates A-1, which states that he was not responsible for death of the deceased. On the other hand, the deceased described herself as extremely selfish, egoist and, therefore, not a match for A-1. She entertained the belief that her husband A-1 was in love with A-2 and wanted to marry A-2. Note states it was for their happiness she had decided to end her life. She also wanted to have the marriage of A-1 and A-2 solemnized with pomp and gaiety. On reading the suicide note, one can infer that the deceased was so possessive of her husband, and was always under an emotional stress that she might lose her husband. Too much of possessiveness could also lead to serious emotional stress, over and above the fact that she had one abortion and her daughter died after few days of birth. No evidence is forthcoming in this case to show that A-2 ever evinced any interest to marry A-1. On the other hand, during the subsistence of the alleged relationship, A-2 herself got married. 29. We are, therefore, of the considered view that the relationship A-1 had with A-2 was not of such a nature which under normal circumstances would drive one to commit suicide or that A-1 by his conduct or otherwise ever abetted or intended to abet the wife to commit suicide. Courts below, in our view, have committed serious error in holding that it was due to the extra marital relationship A-1 had with A-2 that led the deceased to take the extreme step to commit suicide, and A-1 was instrumental for the said act. In the circumstances, we are inclined to allow this appeal and set aside the order of conviction and sentence imposed on the appellant, and he is set at liberty. Ordered as above.

published in    http://judis.nic.in/supremecourt/imgst.aspx?filename=40742 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPEALLATE JURISDICTION CRIMINAL APPEAL NO.811 OF 2004 Pinakin Mahipatray Rawal Appellant Versus State of Gujarat Respondent   J U D G M E N T K.S. RADHAKRISHNAN, J. 1. We are in this case concerned with the question as to whether the relationship … Continue reading

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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