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M. K. THAKKER
State of Gujarat – Appellant
Versus
Khimabhai Lakhmanbhai Charan – Respondent
JUDGMENT (ORAL)
This appeal is filed challenging the judgment and order passed by learned 3rd Additional Sessions Judge, Fast Track Court, Junagadh dated 14.12.2004 in Sessions Case No.56 of 2003 acquitting the respondents from the offences punishable under Sections 306, 498(A) and 114 of the Indian Penal Code.
2. It is the case of the prosecution that First Information Report (FIR) came to be registered before the Keshod Police Station being II-C.R.No.3045 of 2003 for the offences punishable under Sections 498-A and 114 of the Indian Penal Code (IPC) by the complainant, namely, Deviben wife of Khimabhai Lakhmanbhai stating that cruelty was meted out at the end of her husband and in laws under the pretext that marriage of brother of complainant solemnized with sister of the husband of complainant and complainant’s brother is harassing to the sister of the husband of the complainant and therefore, on that cause, she was tortured and harassed by husband and in-laws. On 14.4.2003 at around 13.00 hours, all the accused quarreling with the deceased and started harassing for the same cause. Husband had stated that he would set ablaze by setting on a fire by pouring the kerosene. On the in
(1) Abetment of suicide – It is impossible for any human to decide exactly how much instigation actually weighed in mind of person abated, when he committed the act or offence.(2) Instigation – Word ....
The court established that a husband's abusive conduct can lead to criminal liability for the suicide of his wife under Sections 306 and 498A of IPC, affirming the importance of dying declarations as....
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
Section 306 in Indian Penal Code reads as abetment of suicide.
The prosecution must prove beyond reasonable doubt that the accused's conduct amounted to 'cruelty' leading to the victim's suicide, which was not established in this case.
The prosecution must provide clear evidence of instigation or connection to establish charges of cruelty and abetment of suicide under IPC; mere allegations are insufficient.
Abetment of suicide – Merely on allegation of harassment without their being any positive action proximate to the time of occurrence on part of accused which led or compelled the person to commit sui....
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