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K. SURENDER
Gali Srinivasa Rao – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
1. The appellant is questioning the conviction recorded under Section 306 of IPC and being sentenced to suffer ten years rigorous imprisonment and also to pay fine of Rs.2,000/-, in default, to suffer simple imprisonment of one month vide judgment in S.C.No.522 of 2007 dated 29.12.2008 passed by the Assistant Sessions Judge, Sathupalli.
2. Briefly, the case of the prosecution is that the deceased/husband and wife committed suicide for the reason of this appellant’s abusing the deceased husband uttering insulting words that the deceased was earning money by sending his wife and children to share bed with others and questioned why he was alive. By saying so, the appellant went away. Unable to bear the insult, around 11.00 a.m, the deceased called daughter Kiranmai (P.W.12) and told that the appellant had insulted them severely and they will not be available in future. P.W.12 in turn called P.W.1, who is the brother of the deceased husband and P.W.1 rushed to the house and having broke open the door, found his brother and sister-in-law hanging to the ceiling.
3. On the basis of information given by P.W.2 to P.W.1, P.W.1 lodged complaint Ex.P1. During the course of investigatio
Administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view wh....
The essential elements of abetment under S.306 IPC must be established, involving direct actions or instigation prompting the individual to commit suicide.
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.”
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
Court has considered the scope of Section 306 and the ingredients which are essential for abetment as set out in Section 107 IPC.
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