Court : Madhya Pradesh
Reported in : II(2001)DMC341; 2001(4)MPHT328; 2001(2)MPLJ383
..... regarding the presumption as to abetment of suicide committed by a married woman against the accused persons was rejected holding that the presumption arising under section 113a of the evidence act had been rightly taken into consideration by the trial court. it had to be construed as retrospective in operation.17. in the present case ..... residential homes and in secrecy, independent and direct evidence is not easy to get and that is why the legislature has by introducing sections 113a and 113b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event is ..... of burning had become irrecoverable and till she succumbed to her injuries was also up-held.16. so far as the presumption available under section 113a of the indian evidence act was concerned the contention on behalf of the accused that the aforesaid provision was brought into effect subsequent to the commission of the offence .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)MPHT142
..... deceased committed suicide.10. from the evidence it is established that accused tried to outrage the modesty of the deceased but their act was serious to what extent is not established so as to make-out a case under section 306, ipc. though it is true that a woman may commit suicide if her modesty is outraged but for that degree of ..... , ipc is not sustainable. a person can abet the commission of offence in any of the three grounds set-out in section 107, ipc. in the present case the act of the accused falls in first category, i.e., instigating a person to do a thing. in such circumstances need to invoke the explanation second does not arise as ..... established. further it is proved by the deposition of ramprasad that accused had misbehaved with the deceased and tried to outrage her modesty. but the positive act and severity of their act is missing hence i am of the opinion that offence under section 306, ipc is not made-out.11. thus from the discussion aforesaid it is clear that offence under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2000)DMC397
..... trial no. 78/88, by. the end additional sessions judge, rewa, vide judgment and order dated 30.6.1989, whereby they were convicted for commission of offence punishable under section 498a of the indian penal code and the appellant no. 1-satyabhan singh was sentenced to two years' rigorous imprisonment together with fine of rs. 500/-, and in default of ..... that conspiracy, and in order to the doing of mat thing; and thirdly, there must be intentionally aiding, by any act or illegal omission, the doing of that thing which is punishable under section 306 of the i.p.c., whereas under section 498a of the i.p.c., the offence is confined to a family and is confined to the cruelty ..... i.p.c. which is as extracted below :'section 107. abatement of a thing-a person abets the doing of a thing, who- first-instigates any person to do that thing, orsecondly-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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000CriLJ794
..... therefore, the conviction is bad on facts and in law.4. shri deepak okdhe learned counsel for the state placing his strong reliance upon section 113a of the indian evidence act and section 107 and explanation 2 of the indian penal code submits that the prosecution was successful in proving the commission of the offence. he submits that ..... intentional aid.' it is not the prosecution case that the wife wanted to commit suicide and the accused facilitated her for committing the said act.7. a presumption can be raised under section 113a where the death takes place within 7 years from the date of her marriage and the prosecution proves that the husband had subjected her ..... if any person commits suicide whoever abets the commission of such suicide shall be punished. for securing a conviction under section 306, i.p.c. with the help and assistance of section 113a of the indian evidence act it must be proved to the satisfaction of the court beyond shadow of doubt that the accused treats the deceased .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2000)DMC299; 2000(2)MPLJ23
..... not to do a thing which otherwise was required to be done in accordance with law.8. clause thirdly of section 107 provides that a person can be held guilty of abetment of an offence if he intentionally aids, by any act or illegal omission, the doing of that thing. it is not the prosecution case that the deceased wanted to commit ..... suicide and somebody had abetted the commission of such suicide.4. section 109 of indian penal code provides punishment of abetment, if the act abetted is committed in consequence and where no expressed provision is made for his punishment. as section 306 makes a special and expressed provisions for punishment the provisions of section 109 would not be applicable. for proving abetment a court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT295
..... and cannot be covered even by provisions of section 114 evidence act which deal with natural course of event of human conduct of public and private business, in their relation to the facts of a particular case. merely because ..... , of course ordinarily inference as may be permissible due to common course events which may be observable in the society, may be drawn by the court under section 114 evidence act as common course of events. but, to infer abetment of suicide by a person who was threatened by other or by another will be too far-fetched ..... that abetment of suicide in case of a married woman is on a different footing as the same has suffered a presumption under the provisions of section 113 a evidence act inserted in the evidence act which reads as under :--'113a. presumption as to abetment of suicide by a married woman :-- when the question is whether the commission of suicide .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998CriLJ4443
..... recovered photographs as also love letters written by the appellant to the deceased from her room. after investigation, police submitted charge-sheet against the appellant for offence under section 306, ipc.4. appellant denied to have committed any offence and his defence is that the deceased was not inclined to get married at gwalior and discussion ..... omission takes place in pursuance of that conspiracy and in order to the doing of that thing; orthirdly.- intentionally aids, by any act or illegal omission, the doing of that thing.plain reading of section 107 of the indian penal code makes it clear that doing of a thing by illegal omission amount to abetment. shri dutt ..... submits that there is no illegal omission on part of the appellant for the act of commission of suicide by the deceased, whereas according .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ337
..... afterthought, as has been rightly concluded after appreciation of evidence by the learned trial court.13. accordingly, it is established that deceased ranjana had consumed poisonous insecticide 'rogor; (organo-phosphorus substance) due to which she ultimately died on 23-3-1992. it is thus clear that deceased ranjana after about 3 ..... the viscera of deceased ranjana, which was sent for chemical analysis. the report (ex.p/22) of chemical analyst confirmed the presence of poisonous organo-phosphorus insecticide in the viscera.8. after completion of other usual formalities of investigation, charge-sheet against the accused/appellant as well as acquitted co-accused biharilal, taradevi, ..... cruelty or harassment soon before her death in connection with the demand or 'dowry', as defined in the dowry prohibition act and it has, therefore, been urged that the offence punishable under section 304b of the indian penal code is not made out against the accused/appellant. as against this, the learned counsel .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997CriLJ1005
..... afterthought, as has been rightly concluded after appreciation of evidence by the learned trial court.13. accordingly, it is established that deceased ranjana had consumed poisonous insecticide 'rogor' (organo-phosphorus substance) due to which she ultimately died on 23-3-1992. it is thus clear that deceased ranjana after about 3 years ..... the viscera of deceased ranjana, which was sent for chemical analysis. the report (ex.p/22) of chemical analysis confirmed the presence of poisonous organo-phosphorous insecticide in the viscera.8. after completion of other usual formalities of investigation, charge-sheet against the accused/ appellant as well as acquitted co-accused biharilal, taradevi, ..... cruelty or harassment soon before her death in connection with the demand of 'dowry', as defined in the dowry prohibition act and it has, therefore, been urged that the offence punishable under section 304b of the i.p.c. is not made out against the accused-appellant. as against this, the learned counsel .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ7
..... construed not in any technical or scientific sense, but they must be understood as used in common parlance and in commercial language.9. the insecticides act, 1968 is intended to regulate activities in connection with insecticides. section 3(a) defines insecticides as :'(e) 'insecticide' means -(i) any substance specified in the schedule; or(ii) such other substances (including fungicides and weedicides) as the central government may, after ..... controverted by the revenue according to which b.h.c. 50% w.d.p. is an insecticide coming under the provisions of the insecticides act, 1968 and is not medicine coming under rule 24(ii)(a), or drugs and cosmetics act, 1940, or the medicine and toilet preparations (excise duties) act, 1955, (no. 16 of 1955). it has to be noticed that the expression 'medicine' or .....
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