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Rajbabu and anr. Vs. State of M.P.
Supreme Court of India
Jul-24-2008
Criminal
Evidence Act, 1872 - Sections 4 and 113A; Criminal Law (Second) (Amendment) Act, 1983; Indian Peanl Code - Sections 107, 306 and 498A
AIR2008SC3212; 2008(56)BLJR2551; 2008CriLJ4301; II(2008)DMC624SC; JT2008(8)SC250; 2009(I)OLR(SC)97; 2008(10)SCALE437; 2008(2)LC973(SC); 2008AIRSCW5435; 2008CriLJ4301; 2008(3)Crimes313; 2008(4)LH(SC)2966.
course, reliance is placed by the learned courts below on the provisions of Section 113A of the Indian Evidence Act, 1872 (for short `the Evidence Act'). Any person who abets the commission of suicide is liable to be punished … and order dated 17-6-1989 of the Learned Additional Sessions Judge, Khurai, convicting the appellants under the provisions of Sections 306 and 498A of the Indian Penal Code (for short `the IPC') and sentencing each of them to
Tag this Judgment! AI Brief & AskAnand Kumar Vs. State of M.P.
Supreme Court of India
Feb-20-2009
Criminal
Indian Penal Code (IPC) - Sections 304B, 306 and 498A; Dowry Prohibition Act 1961 - Sections 4; Evidence Act, 1872 - Sections 113A and 113B
AIR2009SC2155; 2009(3)SCALE1; (2009)3SCC7992009; AIRSCW2786; 2009(2)LHSC827; 2009(4)KCCR2665; 2009(2)JT662
the impugned judgments and direct that the Appellant be released forthwith, if not already on bail. - INDIAN EVIDENCE ACT, 1872 Sections 113-A & 113-B ;[Dalveer Bhandari & Harjit Singh Bedi,JJ] Presumption as to abetment of suicide and dowry death … connection referred us to Iqbal Singh's case (Supra) to emphasize that the legislative intent in the introduction of Sections 113A and 113B of the Evidence Act was to strengthen 'the Prosecution hands by permitting a presumption to be
Tag this Judgment! AI Brief & AskArvind Kumar and anr. Vs. State of Madhya Pradesh
Supreme Court of India
Jul-24-2007
Criminal
Dowry Prohibition Act, 1961 - Sections 4; Evidence Act, 1872 - Sections 113A; Indian Penal Code (IPC) - Sections 306; Code of Criminal Procedure (CrPC) - Sections 313
AIR2007SC2674; 2007CriLJ3741; II(2007)DMC178SC; JT2007(9)SC398; 2007(9)SCALE324; 2007AIRSCW4830; 2007(4)AIRKarR611
a half month of the marriage, but there is no presumption available under Section 113A of the Indian Evidence Act, 1872 that Sadhna deceased committed suicide owing to harassment or torture by the accused. He submitted that provisions of … and sentence of 7 years R.I. imposed upon each of the appellants in respect of offences punishable under Section 306 of the Indian Penal Code [for short 'IPC'] and 6 months R.I., each under Section 4 of
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Madan Mohan Sharma Vs. State
Delhi
Jul-11-2006
Criminal
Evidence Act, 1872 - Sections 113A; Indian Penal Code (IPC) - Sections 306, 311A and 498A
131(2006)DLT347; II(2006)DMC332
point out that the learned Additional Sessions Judge had invoked the provisions of Section 113A of the Indian Evidence Act, 1872 to raise a presumption with regard to the abetment of suicide by the deceased [Smt. Vandana Sharma]. He … concluded that a prima facie case against the petitioner has been made out in respect of offences under Sections 498-A/306 IPC.2. The learned Counsel for the petitioner at the outset submitted that he is challenging the order
Tag this Judgment! AI Brief & AskSuraj Prakash Vs. State of Delhi
Delhi
Nov-07-2006
Criminal
Evidence Act, 1872 - Sections 113A and 113B; Indian Penal Code (IPC) - Sections 107, 304B, 306 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 164, 227 and 482
2009(93)DRJ760
that is the presumption of abetment which can be raised in view of Section 113A of the Indian Evidence Act, 1872. He submitted that at the stage of framing of charge, the Court is not to function like a … for discharge has been made out and the petitioner ought to be discharged of both the offences under Sections 498A and 306 IPC.7. Mr Malik, who appeared on behalf of the State, entirely supported the impugned order
Tag this Judgment! AI Brief & AskGurbachan Singh Vs. Satpal Singh and Others
Supreme Court of India
Sep-26-1989
Criminal
Indian Penal Code (IPC), 1860 - Sections 306 and 498 A; Evidence Act, 1872 - Sections 113A; Matrimonial Causes Act, 1963 - Sections 1; Code of Criminal Procedure (CrPC) , 1974 - Sections 161 and 313
AIR1990SC209; (1989)91BOMLR721; 1990CriLJ562; 1989(3)Crimes526(SC); 1989(3)Crimes526a(SC); I(1990)DMC1SC; JT1989(4)SC38; 1989(2)SCALE677; (1990)1SCC445; [1989]Supp1SCR292
Court.34. It is also convenient to refer to this connection to the provisions of Section 113A of Indian Evidence Act, 1872 which provide that:113-A. Presumption as to abetment of suicide by a married women-When the question is whether the … Sessions Judge, Amritsar to serve out the remaining period of their sentence. Criminal - standard of proof - Sections 306 and 498A of Indian Penal Code, 1860, Sections 161, 313 of Criminal Procedure Code, 1973, Section 113A
Tag this Judgment! AI Brief & AskVajresh Venkatray Anvekar. Vs. State of KarnatakA.
Supreme Court of India
Jan-03-2013
Criminal
Indian Penal Code (IPC), 1860 - Sections 498A, 304B, 306, 34; Dowry Prohibition Act, 1961 - Sections 3, 4, 6; Code of Criminal Procedure (CrPC), 1973 - Section 313; Indian Evidence Act, 1872 - Section 113A
2013(1)CTC614; 2013(1)KLT56(SN); AIR2013SCW320; AIR2013SC329
and her death took place within seven years of her marriage. Presumption under Section 113A of the Indian Evidence Act, 1872 springs into action which says that when the question is whether the commission of suicide by a woman … - A1) and his mother Smt. Vidyabai Venkatray Anvekar (original accused 3 - A3) for offences punishable under Sections 498-A, 304-B and 306 read with Section 34 of the Indian Penal Code (for short ‘the IPC’) and
Tag this Judgment! AI Brief & AskKamesh Panjiyar @ Kamlesh Panjiyar Vs. State of Bihar
Supreme Court of India
Feb-01-2005
Criminal Family
Indian Penal Code (IPC), 1860 - Sections 30, 304B and 498A; Evidence Act, 1872 - Sections 113A, 113B and 114; Dowry Prohibition Act, 1961 - Sections 2; Dowry Prohibition (Amendment) Act, 1986; Criminal Law (Amendment) Act, 1983
AIR2005SC785; 2005(1)ALD(Cri)575; 2005(1)BLJR311; 2005CriLJ1418; I(2005)DMC321SC; JT2005(2)SC218; (2005)2SCC388; 2005(1)LC390(SC)
dismissed. Criminal - Indian Penal Code, 1860 - Sections 30, 304B and 498A - Evidence Act, 1872 - Sections 113A, 113B , 114 - Dowry Prohibition Act, 1961 - Section 2 - Dowry Prohibition (Amendment) Act, 1986 - … evidence on record and came to hold that the presumption in terms of Section 113(8) of the Indian Evidence Act, 1872 (in short 'the Evidence Act') was to be drawn and since the deceased did not die a natural
Tag this Judgment! AI Brief & AskBaldev Raj Vs. Chander Prakash and ors.
Delhi
Jul-02-2007
Criminal
Evidence Act, 1872 - Sections 113A; Indian Penal Code (IPC) - Sections 302B, 304B, 306 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 397, 401, 401(3), 417, 439 and 439(4)
142(2007)DLT259; II(2007)DMC289; 2007(97)DRJ515
the accused under Section 306 IPC for abetment to commit suicide read with Section 113-A of the Indian Evidence Act, 1872 as also under Section 498A IPC. He submitted that there was enough material on record to suggest that … to the invocation of provisions of Section 306 IPC read with Section 113A of the Indian Evidence Act, 1872, Mr Naseem said that the question … him.2. The case against the respondents emanates from FIR No. 377/1993 registered at Police Station Paschim Vihar, under Sections 498A / 304B IPC. The prosecution case was that late Kavita, daughter of the present petitioner Baldev Raj
Tag this Judgment! AI Brief & AskLateefmiyan S/O SharfuddIn and Rahimabi W/O SharfuddIn Vs. State of Ka ...
Karnataka
Jun-30-2006
Criminal
Evidence Act, 1872 - Sections 113A; Indian Penal Code (IPC) - Sections 107, 306 and 498A; Code of Criminal Procedure (CrPC) - Sections 482
ILR2007(1)Kar105; 2007(1)KarLJ636; 2007(1)KCCR273; 2007(1)AIRKarR504.
to ten years, and shall also he liable to fine.4. The provisions of Section 113-A of the Indian Evidence Act, 1872 declare thus:113-A Presumption as to abetment of suicide by a married woman --When the question is whether the … suicide committed by the victim.6. An. apparent reading the provision of Section 113A of Evidence Act appears to be in conflict with Section 107 of … declaration. The doctor has certified the dying declaration is recorded in his presence. Therefore, the conviction recorded under Section 498A is sound and proper.3. The provisions of Section 107 and 306 of Indian Penal Code read thus:107.
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