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K. SURENDER
Mohammed Qureshi – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
K. SURENDER, J.
1. The appeal is filed aggrieved by the conviction under Section 306 of IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/- in default, to suffer simple imprisonment for a period of six months, by Judgment dated 04.03.2020 in S.C. No. 503 of 2017 passed by the II Additional Metropolitan Sessions Judge at Hyderabad (for short ‘the Sessions Judge’).
2. The case of the prosecution is that on 23.06.2015, the deceased, who is the wife of the appellant/accused was admitted to the ‘Burns Ward’ in Osmania General Hospital. Statement of the deceased was recorded by PW-9 sub-inspector initially, wherein she stated that the appellant/accused, who is her husband used to consume ganja and beat her and also threatens to kill her. For the said reason, she poured kerosene on herself and set ablaze due to the said harassment. On the basis of the said complaint, the First Information Report was registered as ‘Woman Burns” vide Cr. No. 138 of 2015 of P.S. Kanchanbagh, Hyderabad on 24.06.2015. During the course of her treatment, she died on 27.06.2015 and for the reason of her death, the section of law was altered to Sec
Court has considered the scope of Section 306 and the ingredients which are essential for abetment as set out in Section 107 IPC. While interpreting the word “instigation.”
Point of Law : Dowry Death - When the deceased poured kerosene on herself, the appellant’s failure to stop her, will not amount to an offence under Section 306 of IPC. reduced to the period already u....
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
Conviction for abetment of suicide under IPC requires proof of direct instigation or action closely linked to the act, which was not established in this case.
For a conviction under Section 306 IPC, clear evidence of instigation or abetment is required, which was not established in this case.
To convict under Section 306 IPC, clear mens rea and evidence of instigation must be established, which was not proven in this case.
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