Back
SOPHY THOMAS
Suresh, S/o. Gopalan – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
JUDGMENT :
(Sophy Thomas, J.)
This appeal is at the instance of the accused in SC No.136 of 2006 on the file of Additional Sessions Judge/Special Judge for NDPS Act cases, Thodupuzha, challenging his conviction and sentence under Section 498A of IPC, as per judgment dated 07.05.2007.
2. The appellant/accused was originally charge sheeted by SI of Police, Upputhara for an offence punishable under Section 306 of IPC. The prosecution allegation was that, the accused, who was in a live-in relationship with the deceased Smt.Jancy, abetted her suicide on 10.03.2005 at 3 p.m.
3. On committal, and on appearance of the accused before the trial court, charge was framed against him under Section 306 of IPC. He pleaded not guilty to the charge and claimed to be tried.
4. PWs 1 to 8 were examined, Exts.P1 to P6 were marked and MO1 was identified from the side of the prosecution.
5. On closure of prosecution evidence, accused was questioned under Section 313 of Cr.P.C. He denied all the incriminating circumstances brought on record and submitted that, himself and Smt.Jancy fell in love and they were living together harmoniously, and two children were born to them. Since she had made some derogat
Separate charges are necessary for distinct offences under Sections 306 and 498A IPC; failure to provide a charge results in a failure of justice.
Abetment of suicide – There has to be clear mens rea to commit offence – Merely on allegation of harassment without their being any positive action proximate to time of occurrence on part of accused ....
Section 306 in Indian Penal Code reads as abetment of suicide.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
The need for evidence of instigation or abetment to establish the offence under Section 306 IPC and the distinction between Section 498-A and Section 306 IPC as different offences.
Dowry harassment- husband has developed some intimacy with another, during the subsistence of marriage and failed to discharge his marital obligations, as such would not amount to “cruelty”, but it m....
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
