wife died few months after the
marriage and the presumption under Section 113A of the Evidence Act could
be raised. Section 113A of the Evidence ... reads as follows:
“113A. Presumption as to abetment of suicide by a married
woman.- when the question is whether the commission of suicide
Trial Court with the aid of the presumption available under Section 113A of the Evidence Act found the accused-appellant to be guilty of having ... appellant under Section 306 , IPC with the aid of Section 113A of the Evidence Act is not sustainable in law. What has been urged
after extracting the
relevant provisions as well as Section 113A of the Evidence Act, has
held the appellant guilty of the offences under Section ... Sections
498-A and 306 of the IPC as well as Section 113A of the Evidence Act
which are extracted below:
“Section 498-A. Husband
Penal Code (hereinafter referred to as 'the Code') and Sections 113A and 113B of the Indian Evidence Act to be thrashed ... challenging the validity of Section 304B of the Code of and Sections 113A and 113B of the Indian Evidence Act, order Annexure Pl, framing charge
Section 498A of the Indian Penal
Code. By drawing presumption under Section 113A of the Evidence Act
inserted in the Statute Book in 1983 presumption ... such, no presumption
should have been drawn against them under Section 113A of the
Evidence Act. In this regard, Shri K.K. Sud, the learned
498A IPC. That being so, a presumption arises u/s 113A of the
Indian Evidence Act, 1872 that the husband has abetted the suicide ... that act."
19. This section has to be read with section 113A of Evidence Act,
1872 which reads as under:-
"When the question
deceased committed suicide owing to harassment. His submission that provision of Section 113A Evidence Act as inserted by Criminal Law IInd Amendment ... State on the other hand has submitted that presumptive Under Section 113A is clearly attracted as the death took place immedidately after the marriage. Submission
after reproducing the provisions
of Section 306 of the IPC and Section 113A of
the Indian Evidence Act, 1872 observed thus:
"12. This provision ... raised, the
foundation thereof must exist. A bare reading
of Section 113A shows that to attract
applicability of Section 113A, it must be shown
that
after extracting the relevant provisions as
well as Section 113A of the Evidence Act, has held the appellant guilty of the
offences under Section ... Sections 498-A and 306 of the IPC as well as Section
113A of the Evidence Act which are extracted below:
“Section 498-A. Husband
wife died few months after the
marriage and the presumption under Section 113A of the Evidence Act could
be raised. Section 113A of the Evidence ... reads as follows:
"113A. Presumption as to abetment of suicide by a married
woman.- when the question is whether the commission of suicide
