Court : Madhya Pradesh
..... it would be appropriate to refer the relevant statutory provisions. 11. the offence u/s. 306 of ipc which for convenience and ready reference is reproduced herein below :- section 306 - abetment of suicide :- if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which ..... of ipc are made out or not? 16. plain reading of section 107 of ipc reflects that for establishing abetment three ingredients i.e instigation, conspiracy with other person to do or not to do an act or intentionally aid by any act or illegal omission, the doing of thing, which is alleged to be abetted. 17. from the ..... below for convenience and ready reference :- section 107 - abetment of a thing a person abets the doing of a thing, who first.--instigates any person to do that thing; or secondly. engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in .....
Tag this Judgment!Court : Madhya Pradesh
..... it would be appropriate to refer the relevant statutory provisions. 11. the offence u/s. 306 of ipc which for convenience and ready reference is reproduced herein below :- section 306 - abetment of suicide :- if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which ..... of ipc are made out or not? 16. plain reading of section 107 of ipc reflects that for establishing abetment three ingredients i.e instigation, conspiracy with other person to do or not to do an act or intentionally aid by any act or illegal omission, the doing of thing, which is alleged to be abetted. 17. from the ..... below for convenience and ready reference :- section 107 - abetment of a thing a person abets the doing of a thing, who first.--instigates any person to do that thing; or secondly. engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in .....
Tag this Judgment!Court : Madhya Pradesh
..... , it would be appropriate to refer the relevant statutory provisions. 9. the offence u/s. 306 of ipc which for convenience and ready reference is reproduced herein below :- section 306 - abetment of suicide :- if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which ..... of ipc are made out or not? 14. plain reading of section 107 of ipc reflects that for establishing abetment three ingredients i.e instigation, conspiracy with other person to do or not to do an act or intentionally aid by any act or illegal omission, the doing of thing, which is alleged to be abetted. 15. from the ..... below for convenience and ready reference :- section 107 - abetment of a thing a person abets the doing of a thing, who first.--instigates any person to do that thing; or secondly. engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission lakes place in .....
Tag this Judgment!Court : Madhya Pradesh
..... penal code, 1860 section 306 required on active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide following the ..... = (2011) 3 scc 626, hon'ble apex court has held that, indian penal code, 1860 section 306-- abetment--abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. indian ..... ipc which reads as follows:- section 107, abetment of a thing- a person abets the doing of a thing, who- first- instigates any person to do that thing: or secondly engages with one or more other person or persons in any conspiracy for the doding of that thing, if an act or illegal omission takes place in .....
Tag this Judgment!Court : Madhya Pradesh
..... which could be suggested as abetment to commit suicide in fact, there is no nexus between the so-called suicide and any of the alleged acts on the part of the appellant in so far as section 294 (b), i.p.c. is concerned, no single word could be found in the fir., or even in the so-called suicide ..... code, 1860 section 306 required on active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide in this context ..... 205 = (2011) 3 scc 626, hon'ble apex court has held that, indian penal code, 1860 section 306-- abetment--abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. indian penal .....
Tag this Judgment!Court : Madhya Pradesh
..... and requested for conviction of accused ramkishan and shard devi. it is contended that rajni saxena died within seven years of her marriage by consuming sulphas a kind of insecticide. 10. we have gone through the record of the learned trial court. it would be pertinent to mention here that the learned trial court relied on the letters ..... so as to bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... supreme court expressed in case of hira lal vs. state of (govt. of nct), delhi (2003) 8 scc 80 (supra). a conjoint reading of section 113-b of the evidence act and section 304-b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. the prosecution has .....
Tag this Judgment!Court : Madhya Pradesh
..... her. on denial to marry, the prosecutrix committed suicide by consuming poisonous substance. crime was registered against the respondent no.2 for the offence punishable under sections 376 and 306 of ipc and after investigation, charge-sheet was filed. learned counsel for the appellant as well as government advocate argued that the impugned ..... lokhande, advocate for the appellant. shri s.k.kashyap, government advocate for the respondent no.1-state. heard on admission. this appeal has been preferred under section 372 of the code of criminal procedure (hereinafter referred to as the code .) being aggrieved by the judgment dated 30/04/2010 passed by special judge (under ..... the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (for short the act .).at jabalpur in s.t.no.211/2009, whereby respondent no.2 has been acquitted of the offences punishable under sections 376 & 306 of the indian penal code ( ipc . for short).prosecution case, in .....
Tag this Judgment!Court : Madhya Pradesh
..... judge, begamgunj, district raisen, in sessions trial no.250/2009, whereby respondent has been acquitted of the offence under section 306 of the indian penal code ( ipc . for short).prosecution case, in brief, is that respondent leveled baseless allegations of theft upon bhure and his father and ..... b.d.rathi,j shri yogesh dhande, government advocate for the applicant-state. heard on admission. this application for grant of leave to appeal has been preferred under section 378(3) of the code of criminal procedure (hereinafter referred to as the code .) being aggrieved with the judgment dated 5/1/2012 passed by additional sessions ..... a thief by the respondent. therefore, in the opinion of this court, this might have been reason for committing suicide, but it cannot be said that the act of the respondent amounted to abetment as it did not fall within the definition indicated above. we agree with the findings recorded by the trial court. it is .....
Tag this Judgment!Court : Madhya Pradesh
..... or harassing him in the course of beating and abusing him would not amount to an offence within the meaning of section 306 of the ipc as the appellants did not abet commission of suicide by sonelal. 3 cr.a. no.530/1998 12. in the result, the appeal stands ..... had jumped into the well and died. therefore, in the opinion of this court, this might have been reason for committing suicide, but it cannot be said that the act of the appellants amounted to abetment as it did not fall within the definition indicated above.11. accordingly, it is held that merely giving beating to the deceased or humiliating ..... lalkua, appellants had cruelly treated sonelal and filthily abused him and, thereby, abetted commission of suicide by him.9. not only question before the court is whether the act of quarreling and abusing the deceased by the appellants, comes within the ambit of abetment to suicide ?.10. the definition of abetment of a thing, contained in .....
Tag this Judgment!Court : Madhya Pradesh
..... commit suicide and committed the same by jumping in front of the running train. on which, the crime was registered against the applicant and said motilal for the offence under section 306 of the ipc. after holding the investigation, on completion of the same, the applicant along with other co-accused motilal was charge sheeted for the aforesaid offence. 3 ..... in pursuance of that conspiracy and in order to doing of that thing and (c) the accused intentionally aids by the act or omission the doing of that thing. 8. in the light of the aforesaid ingredients of section 107 of the ipc on examining the case at hand then in the available factual matrix, it is apparent that soon ..... of the ipc reads as under :- section 107. abetment of a thing a person abets the doing of a thing, who first. instigates any person to do that thing; or secondly.engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of .....
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