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ABHAY S. WAGHWASE
Prabhakar S/o Ramchandra Soparkar – Appellant
Versus
State of Maharashtra Through – Respondent
JUDGMENT :
Abhay S. Waghwase, J.
1. Convicts for offence under Sections 498-A and 306 r/w 34 of the Indian Penal Code [IPC] are hereby assailing the judgment and order dated 26.08.2005 passed by learned IInd Adhoc Additional Sessions Judge, Jalgaon in Sessions Case No. 40 of 2005 holding both parents-in-law of deceased Manisha guilty of above offence.
2. During pendency of the appeal, as appellant no.2 Subhadra died, appeal is abated against her and now only appeal of appellant no.1 Prabhakar is for consideration before this Court.
CASE OF PROSECUTION
3. In nutshell, both in-laws of deceased were chargesheeted by Varangaon Police Station on accusation that they subjected their daughter-in-law to physical and mental cruelty. Mother-in-law used to continuously abuse whereas, father-in-law beat her and therefore, getting fed up of such maltreatment, she immolated herself on 30.11.2004 and suffered 97% burns. While undergoing treatment, PW5 Investigating Officer recorded dying declaration under Section 32 of the Indian Evidence Act and on the strength of the same, registered crime bearing no.103 of 2004 and himself carried out investigation and finally chargesheeted the in-laws and they wer
For a conviction under Section 306 IPC, clear evidence of instigation or abetment is required, which was not established in this case.
Vague allegations without specific instances do not establish charges under Section 498-A; for abetment of suicide under Section 306, there must be clear evidence of instigation or inducement.
The prosecution must provide specific instances of cruelty and direct acts of instigation to establish charges under Sections 498-A and 306 IPC; vague allegations are insufficient.
Section 306 in Indian Penal Code reads as abetment of suicide.
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
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.
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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