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SANJAY KUMAR JAISWAL
Labho Ram, son of Sudha Ram – Appellant
Versus
State of Chhattisgarh, through its District Magistrate, Korba, District Korba (C. G. ). – Respondent
JUDGMENT :
1. This criminal appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 28.11.2002 passed by 3rd Additional Sessions Judge (F.T.C.), Korba, District Korba (C.G.) in Sessions Trial No.335 of 99, whereby the appellant has been convicted under Section 306 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for one month.
2. It is an important fact of the case is that co-accused Ramkishun, brother of Labho Ram has been died during trial. Co-accused Smt. Sahodara Bai is the first wife of appellant Labho Ram and co-accused Smt. Maina Bai is the mother of appellant Labho Ram. Under the impugned judgment, Smt. Sahodara Bai and Smt. Meena Bai were acquitted of the offence punishable under Section 306 of the IPC by the trial Court.
3. Briefly stated facts of the case, are that appellant Labho Ram was married to Smt. Sahodara Bai. Smt. Sahodara Bai had gone to her m
The conviction under Section 306 IPC requires clear evidence of instigation or active involvement leading to suicide, not mere demands for money.
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....
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.
A conviction for abetment of suicide requires clear proof of intent and instigation, which were lacking in this case.
(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....
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
Insufficient evidence of harassment or coercion to meet dowry demands does not establish cruelty under Section 498-A, nor does it support a conviction for abetment of suicide under Section 306.
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.
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 ....
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