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T. MALLIKARJUNA RAO
Shaik Hussain Bee – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. Accused, in Sessions Case No.32 of 2015 on the file of the learned IV Additional District and Sessions Judge, Kurnool [for short, "the trial Court"], is the appellant herein. She was tried for the offence punishable under Sec. 304-B of the Indian Penal Code, 1860 [for short, "I.P.C."].
2. Vide Judgment, dtd. 26/2/2016, the learned Sessions Judge convicted the Accused under Sec. 235(2) of Cr.P.C. Instead of convicting her for the offence under Sec. 304-B I.P.C. the trial Court convicted the accused for the offence under Sec. 306 I.P.C. Accordingly, she was sentenced to undergo Rigorous Imprisonment for Five (5) Years for the offence punishable under Sec. 306 I.P.C.
3. For the sake of convenience, the parties will be referred to as arrayed before the trial Court.
4. The facts, as culled out from the evidence of prosecution witnesses, are as under:-
(a) P.W.1-Shaik Sali Bee is the mother of the deceased/Reshma. Reshma was given in marriage to the accused's son, who is deaf and dumb. P.W.1 gave the accused Rs.50,000.00 cash and two tulas of gold towards dowry. Her son-in-law used to look after her daughter well, but the accused used to harass her, directing her to do agricul
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
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....
Section 306 in Indian Penal Code reads as 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.
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