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A. V. RAVINDRA BABU
Kondisetti Srinivsa Rao S/o. Vijaya Krishna Murthy – Appellant
Versus
State of A. P. High Court of A. P. – Respondent
JUDGMENT :
Challenge in this Criminal Appeal is to the judgment, dated 24.07.2009, in Sessions Case No.413 of 2008, on the file of the Court of XI Additional District and Sessions Judge (Fast Track Court) Guntur at Tenali (for short, ‘the learned Additional Sessions Judge’), where under the learned Additional Sessions Judge found the appellant/accused No.1 (A-1) guilty of the alternative charge under Section 306 of the Indian Penal Code, 1860 (for short, ‘the IPC’), convicted him under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’) and, after questioning him about the quantum of sentence, sentenced him to suffer Rigorous Imprisonment for seven (7) years and to pay a fine of Rs.2,000/- in default to suffer Simple Imprisonment for two months. However, the learned Additional Sessions Judge found accused Nos.1 to 3 not guilty of the charge under Section 304-B IPC and accused Nos.2 and 3 not guilty of the charge under Section 306 IPC as such acquitted them under section 235(1) Cr.P.C.
2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.
3. The Sessions Case No.413 of 2008 a
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....
The discretionary nature of the presumption under Section 113A of the Indian Evidence Act in cases of abetment of suicide based on cruelty, and the court's authority to consider all circumstances of ....
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....
(1) There is nothing unnatural for a victim of domestic cruelty to share her trauma with her parents, brothers and sisters and other such close relatives. Evidentiary value of close relatives/interes....
The prosecution must prove the ingredients of the offence beyond reasonable doubt in order to secure a conviction. Cruelty is an essential ingredient of the offence under Section 498A IPC and must be....
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
The judgment emphasizes the stringent requirement of proving clear mens rea and direct act leading to suicide to establish the offense of abetment of suicide under Section 306 IPC, highlighting the n....
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