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M. R. SHAH, KRISHNA MURARI
Mariano Anto Bruno – Appellant
Versus
Inspector Of Police – Respondent
JUDGMENT :
KRISHNA MURARI, J.
1. The present appeal is directed against the judgment and order dated 31.01.2022 passed by the High Court of Judicature at Madras (hereinafter referred to as “High Court”) in Criminal Appeal No. 166 of 2021 filed by the Appellants herein seeking to set aside the order of conviction passed by the Sessions Judge, Mahila Court, Chennai (hereinafter referred to as “Trial Court”) in S.C No. 209 of 2016 under Sections 498A and 306 of the Indian Penal Code (hereinafter referred to as “IPC”). The Appellants were sentenced to undergo imprisonment for a period of 3 years with a fine of Rs. 5,000/-each, in default of which to undergo simple imprisonment for a period of one month under Section 498A IPC and to undergo imprisonment for a period of 7 years with a fine of Rs. 25,000/-each in default of which to undergo simple imprisonment for a period of 3 months under Section 306 IPC. By impugned judgment, the High Court upheld the conviction of the Appellants for the offence under Sections 498A and 306 IPC.
2. Briefly, the facts relevant for the purpose of this ap
Section 306 in Indian Penal Code reads as abetment of suicide.
The main legal point established in the judgment is that while the appellant was found guilty of the offence under section 498A of the IPC, there was no evidence of positive action by the accused lea....
The prosecution must prove the charges beyond reasonable doubt, and the absence of mens rea or guilty motive to instigate or abet the victim is crucial in cases of abetment of suicide.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or encouragement; mere harassment lacks sufficient immediacy to constitute such abetment.
The judgment underscores the importance of establishing the specific elements of cruelty and abetment as required by the relevant legal provisions, and the discretionary nature of the presumption und....
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
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