| Topics |
Headnote |
Judgement |
| INDIAN PENAL CODE, 1860 |
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| INDIAN PENAL CODE, 1860 |
IPC — S 306 — Conviction under — Omnibus grievance against in-laws — no reference or disclosure of any specific incident in support thereof— Denial of husbands share in family property — Allegation of — Suicide note — divulges her ownership of lands and house — per se belies the charge— Unproved handwriting — identified by relatives of the deceased on eye estimation— Acquittal. (Para 20) |
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| INDIAN PENAL CODE, 1860 |
Criminal Jurisprudence — IPC — S 306 — Cruelty — Assessment of — Duty of the Court — Courts have to be extremely careful in assessing the facts and circumstances of each case to ascertain as to — whether cruelty had been meted out to the victim — & the same had induced the person to end his/her life by committing suicide. (Para 29) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 306 — Cruelty — Acquittal for — Held, if the victim committing suicide appears to be hypersensitive to ordinary petulance, discord and differences in domestic life — quite common to the society to which he or she belonged — & such factors were not expected to induce a similarly circumstanced individual to resort to such step — the accused charged with abetment could not be held guilty. (Para 29) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 306 — Convicting a person under — Intention of the legislature — mens rea — presence of — there has to be a clear mens rea to commit an offence — & there ought to be an active or direct act leading the deceased to commit suicide, being left with no option. (Para 30) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 306 — Abetment to suicide — Grudge against superior — Held, merely because a person had a grudge against his superior officer & committed suicide on account of that grudge — even honestly feeling that he was wronged — it would still not be a proper allegation for basing the charge under Section 306 IPC — Madan Mohan Singh and Netai Dutt — relied. (Para 12) |
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| INDIAN PENAL CODE, 1860 |
IPC — Ss 323, 324 & 325 — Criminal Trial — Counter case — Snatching of weapon by defence witnesses — accepted by prosecution — attempt to create confusion about the exact spot — Held, creates serious doubt about the credibility of the prosecution witnesses & their story— the prosecution has failed to bring on record against the appellants, the cogent and consistent material to enable us to hold them guilty or sustain their conviction — Acquittal. (Para 29 & 31) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 405 — Forgery —offence of —constituting of —Essential ingredient — Held, the first essential is that the accused should have made a false document — The false document must be made with an intent to cause damage or injury to the public or to any class of public or to any community. (Para 17) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 405 — Forgery — Mode of proof — Facts to be considered —is the document false —(ii) is it made by the accused— (iii) is it made with an intent to defraud— If all the questions are answered in the affirmative, the accused is guilty. (Para 17) |
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