Court : Karnataka
..... .no.859 of 2023 pending before the xlv additional city civil and sessions judge, bengaluru arising out of crime in crime no.47 of 2023 registered for offences under sections 498a, 306 and 34 of the ipc is before this court calling in question the entire proceedings.2. sans details, facts germane are as follows:- the 2nd respondent ..... is not even a single ingredient of demand of dowry in the complaint, except harassment now and then, as noted by the victim in her diary. insofar as section 498a is concerned, the learned senior counsel would place reliance upon the judgment of the apex court in the case of achin gupta v. state of haryana2. he ..... the petitioner himself to the petition which are all charge sheet materials to contend that instigation, goading and all other necessary ingredients of section 107 of the ipc have clearly become an offence under section 306 of the ipc which punishes one who abets commission of suicide. she makes a particular reference to the transcript of the audio .....
Tag this Judgment!Court : Karnataka
..... petitioner in cr.no.7/2024 of dharmastala p.s. for the offences p/u/s305 506, 354(d), 509, r/w section34of ipc, sec.12 of pocso act and sec.75 of juvenile justice act pending on the file of addl.district and sessions court ftsc-1 (pocso) d.k at mangalore. this criminal petition having been heard and ..... in the light of the admitted facts as narrated hereinabove, this court at this stage would not lend its protective umbrella to the horrendous acts of the petitioners in exercise of its jurisdiction under section 482 of the cr.p.c. the petition does not deserve entertainment at this juncture, as it is a matter of investigation, and investigation ..... no.7 of 2024 registered by the dharmasthala police for offences punishable under sections 305, 506, 354d, 509 r/w 34 of the ipc, section 12 of the protection of children from sexual offences act, 2012 and section 75 of the juvenile justice (care and protection of children) act, 2015.2. shorn of unnecessary details, facts in brief, germane are as .....
Tag this Judgment!Court : Karnataka
..... victim to commit suicide. it was a usual quarrel between the husband and wife. in such offences, mens rea active or direct act leading deceased to commit suicide are essential for invoking the provisions of section 306 of ipc. as discussed above, abetment involves a mental process of instigating a person or intentionally aiding a person in doing of ..... of 2014 29. therefore, in order to convict a person under section 306 of ipc, there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which lead the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a ..... a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, the law is that, .....
Tag this Judgment!Court : Karnataka
..... instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original ..... scc online sc73724 absolutely no material to allege that the appellant abetted for suicide of the deceased within the meaning of section 306ipc.11. even with regard to offence alleged under section 3(2)(v) of the act it is to be noticed that except vague and bald statement that the appellant and other family members abused the deceased ..... she died on 06.07.2000 at 07:30 pm. ... 60. in india attempt to commit suicide is an offence under section 309 ipc. this section provides that whoever attempts to commit suicide and does any act towards the commission of such offence, he shall be punished with simple imprisonment for a term which may extend to one year or .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused. for the purpose proving the charge under section 306 ipc, also there has to be an evidence with regard to the positive act on the part of the accused to instigate or aid to drive a person to commit suicide.11. the hon'ble apex court ..... applicable to the case on hand, as there is death note left by deceased.23. further, in order to attract section 306 ipc, there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which led the - 29 - nc:2023. khc-k:8082 crl.p no.200255 of 2023 deceased to commit suicide ..... decided by this court is clear that in order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. it also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.100167 of 2023 order1 the petitioners are before this court calling in question the registration of a crime in crime no.3/2023 registered for the offences punishable under sections 506, 504 & 306 of the ipc.2. heard the learned senior counsel shri pramod khatavi appearing on behalf of shri p.p. hittalamani for the petitioners; learned hcgp ..... village, tq. ranebennur, dist. haveri-581115. respondents (by sri. v.s. kalasurmath, hcgp for r1; sri. g.n. narasammanavar, advocate for r2) this criminal petition is filed u/sec. 482 of cr.p.c. seeking to call for records and quash the fir in crime no.03/2023 dated0401.2023 registered by kumarapattanam p.s. for the offences u ..... /sec. 506, 34, 504 and306of ipc with respect to the petitioners/accused no.1 to3and grant such other reliefs by allowing this petition. this petition, coming on for admission, this .....
Tag this Judgment!Court : Karnataka
..... upon his sexual orientation. he would submit that there is neither instigation, goading nor proximity to the death of the deceased as is necessary for the offence punishable under section 306 of the ipc. he would seek to place reliance upon plethora of judgments of the apex court as well as of this court to contend that the crime has ..... this day, the court made the following:- order the petitioners are before this court calling in question the fir registered in crime no.151 of 2023 for offences punishable under sections 306 and 34 of the ipc.2. shorn of unnecessary details, facts in brief, germane are as follows: the 1st petitioner is employed as deputy general manager in marketing; ..... of the cr.p.c., directing them to appear before the investigating officer in the said crime. the offences under section 3(1)(r) and (s) of the 1989 act are challenged in a writ petition and the same is stayed by this court. in the teeth of the said order no such notice could be issued by the investigating .....
Tag this Judgment!Court : Karnataka
..... that a letter dated 23-12-2022 is sent to the truth labs forensic science laboratory at bangalore to avail the certificate of electronic evidence under section 65b of the evidence act (attached herewith as the list of document no.16).26. that the complainant has issued a letter dated 24-12- 2022 to the president of ..... institution and the judiciary need to know the truth.28. it is submitted that the incidence constituting the offence under section 305 read with section 34 of the indian penal code and section 17 of the right to educati0on act, 2009. it is submitted the police have not taken any action against the accused persons. to date, no ..... learned magistrate. the private complaint reads as follows: complaint filed under section 200 r/w section 156(3) of the criminal procedure code, for the offence under section 305 of the ipc read with section 34 and section 499 of the indian penal code with section 17 of the right to education act. facts of the case:- 1. the complainant above named, mr. .....
Tag this Judgment!Court : Karnataka
..... instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original ..... statement of the deceased there is no other pointed evidence from which it could be inferred that there was any abetment so as to bring the acts of the appellants within section 306 i.p.c. under which the appellants have been punished. the dying declaration, per se, could not involve the appellants in offence punishable under ..... has held as follows:10. 2021 scc online sc73728 23. what is required to constitute an alleged abetment of suicide under section 306 ipc is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not .....
Tag this Judgment!Court : Karnataka
..... the petitioner could be allowed to undergo the rigmarole of trial. the contention of the learned high court government pleader is that there are offences under section 17 of the pocso act and section 114 of the ipc alleged against the petitioner. he would, therefore, contend that the offence of abetment can always be alleged against the petitioner. ..... ii additional district and sessions judge, kodagu-madikeri sitting at virajapet for the offence p/u/s.363, 376, 114, 34 of ipc and sec.4, 5l, 6, 17 of pocso act. this petition, coming on for admission this day, the court made the following: order the petitioner is before this court calling in question proceedings ..... of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. section 17 of the pocso act deals with punishment for abetment and its ingredients are found in section 16. section 16 of the pocso act reads as follows: 16. abetment of an offence. a person abets an offence, who first. instigates .....
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