PUSHPENDRA SINGH BHATI
Ashok Kumar – Appellant
Versus
State – Respondent
JUDGMENT :
1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This Criminal Appeal under Section 374 Cr.P.C. has been preferred with the following prayer:-
3. Brief facts of the case as noticed by this Court are that the accused-appellant, Ashok Kumar, lodged a verbal report on 08.09.1991 at about 12:40 p.m. before the Police Station Padampur under Section 174 Cr.P.C. as an inquest, wherein he stated that he had been married to Rukmani, D/o Mangal Ram, about 2 years ago and that, he had left the house at about 7 a.m. for work, and when he returned, he found a crowd of people outside his house, from which one Ram Krishan Arora and one Mr.Baazigar informed him that his wife caught fire.
Gurjit Singh Vs. State of Punjab
State of West Bangal vs. Orilal Jaiswal and Anr.
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 ....
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
The judgment establishes that to prove abetment of suicide under Sec. 306 I.P.C., there must be evidence of instigation or aiding in suicide, and mere quarrels or demands without direct or indirect a....
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 judgment underscores the importance of establishing the specific elements of cruelty and abetment as required by the relevant legal provisions, and the discretionary nature of the presumption und....
Point of Law : When statute imposes imprisonment and fine, same shall be read in 'conjunctive' and not 'disjunctive'.
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