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J. B. PARDIWALA, R. MAHADEVAN
Lalita – Appellant
Versus
Vishwanath – Respondent
| Table of Content |
|---|
| 1. appeal by mother of deceased (Para 1) |
| 2. details of deceased's marriage (Para 2) |
| 3. investigation details (Para 3 , 4) |
| 4. trial court proceedings (Para 5 , 6 , 7 , 8) |
| 5. witnesses examined (Para 9) |
| 6. documentary evidence presented (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 7. mother's appeal (Para 16) |
| 8. trial court's conviction (Para 17 , 18 , 19) |
| 9. no error in acquittal (Para 20) |
| 10. lack of evidence for abetment (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 11. fir admissibility explained (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 12. fir as substantive evidence (Para 35 , 36 , 37 , 38) |
| 13. appeal dismissed (Para 39 , 40) |
ORDER :
1. This appeal is at the instance of the mother of the deceased (the de facto complainant) seeking to assail the Judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.125/2013 by which the High Court allowed the Criminal Appeal filed by the respondent - herein (original accused persons) and thereby acquitting them of the offence punishable under Sections 306, 498A read with Section 34 of the Indian Penal Code (IPC).
2. It is the case of the appellant that the deceased Dev Kanya was married to the Respondent
(1) Abetment of suicide and cruelty – Mere harassment or cruelty is not sufficient to infer abetment – There has to be some credible evidence that accused persons aided or instigated deceased in some....
The prosecution must prove clear evidence of abetment for a conviction under Section 306 IPC; vague allegations of cruelty do not suffice for presumption under Section 113-A of the Evidence Act.
The court upheld the conviction based on a credible dying declaration despite arguments concerning procedural flaws and delays in lodging the FIR, emphasizing the importance of the victim's mental al....
The burden of proof lies on the prosecution to establish the essential ingredients of the offence, and the accused must be given the opportunity to prove their innocence. Medical and circumstantial e....
Conviction under sections 306 and 498-A RPC requires clear evidence of harassment and direct causation of suicide, which was not established in this case.
The court affirmed conviction for abetment of suicide, emphasizing that clear evidence linking the accused's conduct to the victim's suicide is essential under Section 306 IPC.
For conviction under Section 306 IPC, prosecution must prove intentional conduct by accused that instigated victim to commit suicide, supported by credible evidence, beyond reasonable doubt.
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