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Aug 1, 2022 · The Gujarat High Court had dismissed the FIR under Section 306 IPC filed against the accused in light of an agreement between the accused identified in the FIR and the complainant (a cousin of the deceased) in a petition filed by the accused under Section 482 CrPC. The wife of the deceased attempted to have the verdict recalled but it was denied.
Dec 2, 2020 · Court : Supreme Court of India Brief : 2011 delivered as recently as on October 1, 2020, the Supreme Court in exercise of its criminal appellate jurisdiction has explicitly, elegantly and effectively ruled that the ingredients of mens rea for abetment of suicide [Section 306 IPC] cannot be assumed to be ostensibly present but has to be visible and conspicuous.
Oct 8, 2010 · 2. The Petitioner, his father, Dhanaram, and mother, Lachhavantin, were tried and convicted for the offence punishable under Section 498-A and 306 of the Indian Penal Code (IPC) and sentenced to undergo Rigorous Imprisonment for 3 years and 5 years, respectively. In appeal before the High Court, accused Dhanaram was acquitted, while the ...
Sep 24, 2008 · Subject Index: Indian Penal Code, 1860 -- section 306 -- conviction for 7 years by Additional Sessions Judge affirmation by High Court -- though the prosecution has failed to establish the offence under Section 306 IPC., the evidence on record justified the conviction of the appellant under Section 498-A IPC -- acquittal under section 306 and conviction under section 498-A and sentenced to one year imprisonment.
Aug 16, 2010 · According to the appellant, the conviction of the appellant under Section 306 IPC merely on the basis of the aforementioned allegation of harassment of the deceased is unsustainable in law. 24. The learned counsel also placed reliance on another judgment of this Court in Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618.
Oct 17, 2022 · The Hon’ble Supreme Court analysed the essential elements required to constitute an offence Under section 306 IPC vis-à-vis section 107 IPC which defines abetment through various precedents. In S.S.Cheena vs. Vijay Kumar Mahajan and Anr., it was held that clear mens rea along with an active or direct action towards committing the offence is required to convict a person under section 306.
Dec 4, 2023 · While quashing the FIR U/S. 306 of the IPC for alleged incident of provocation two weeks before death, the Apex Court in a major, meticulous and magnificent judgment titled Mohit Singhal & Anr. vs The State of Uttarakhand & Ors. in Criminal Appeal No. 3578 of 2023 and cited in Neutral Citation No.: 2023 INSC 1035 that was pronounced as recently as on December 1, 2023 in the exercise of its criminal appellate jurisdiction has minced just no words to state in no uncertain terms that for ...
Aug 20, 2010 · The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306, IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306, IPC either in the FIR or in the so-called suicide note. 9.
Jul 22, 2021 · The Supreme Court allowed the appeal and held that respondents no.1 and 2 cannot be discharged from Section 306 when the charges under Section 394B are framed and confirmed. Taking note of Bhupendra vs. State of Madhya Pradesh, the Bench observed that Section 306 has broad applicability and takes Section 304B into its purview and set aside the ...
Aug 1, 2022 · The Supreme Court ruled that a FIR under Section 306 IPC (suicide attempt) cannot be quashed under Section 482 CrPC due to a settlement. The bench, which included Justices Indira Banerjee and V. Ramasubramanian, stated that 'abetment of suicide' is also a heinous and serious offence that must be treated as a crime against society rather than against the individual.
