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2022 Supreme(Cal) 923

BIBEK CHAUDHURI
Sankar Shyamal – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
A.K.Samanta, Advocate, Gautam Banerjee, Advocate

JUDGMENT

Bibek Chaudhuri, J. - The moot question involved in the instant appeal is whether on conviction of Section 498a of the Indian Penal Code, a conviction under Section 306 of the Indian Penal Code naturally follows or not.

Law on this point is no longer res integra. The relevant provisions of the Indian Penal Code that falls for consideration are as under:-

Section 107: 'abatement of a thing.- a person abets the doing of a thing who-

First.-Instigates any person to do that thing; or Secondly.- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing'.

Section 306. abatement of suicide.

    'If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine'.

    Section 498-a. Husband or relative of a husband of a woman subjecting her to cruelty.- Whoever, being the husband or the relative of the husband of a woma

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