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
upon the appellant
causing sixteen injuries on her body and under Section 113A of the Indian
Evidence Act, the onus to shake off the said ... seven years
rigorous imprisonment and maximum for life.
Presumption under Section 113A of the Evidence
Act could also be raised against him on same facts
presumption as to abetment to suicide under the newly inserted Section 113A. of the Indian Evidence Act can be pressed into service in this case ... Section 113A was inserted in the Evidence Act with effect from 25.12.83 by Criminal Law (Second Amendment) Act, 1983. It reads as follows :
"113A
suicide by the deceased. The learned
Counsel submitted that presumption under Section 113A of
the Indian Evidence Act, 1872 is not attracted in the case ... trial Court has
convicted the appellant by taking recourse to section 113A of
the Indian Evidence Act. He submitted that only for the
reason that
Sessions Judge felt thatit was a lit case, wherein presumption under Section 113A , Evidence Act be drawn against the appellants, who have failed to discharge ... find out as to whether the Provisions of Section 113A , Evidence Act can be pressed into service in this case ? Section 113A , Evidence Act runs
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
