Date of judgment : 21.04.2015
506/34 IPC , 306 r/w sec. 511 IPC
& u/s 323/506/426 IPC ... prosecution evidence
was closed and statement of accused under section 313
Cr.P.C. was also dispensed with.
18. I have heard arguments addressed
offences punishable under Sections 498A and 306 of the Indian Penal Code and were ultimately convicted under Section 498A , I.P.C. and Section 306 ... Trial Court and submitted that there is no bar under the Indian Penal Code to hold the person liable for an offence under Section 306
petitioner/accused has filed a
petition under Section 227 Cr.P.C to discharge him from the charges ... learned Mahila Judge, dismissing the
discharge petition filed under Section 227 Cr.P.C is fair and proper?
7. The learned counsel for the revision
10046 OF 2023
ORDER: -
This Criminal Petition under Section 438 of Cr.P.C., is filed seeking to
enlarge the petitioners ... confined his request only to
order notice under Section 41-A Cr.P.C. by following the judgment in Arnesh
Kumar vs. State of Bihar
Tara Devi have no doubt disclosed in their statements under Section 161 Cr.P.C. that Smt. Tara Devi once jumped into river Saryu ... consequences of the abetment and no express provision is made by the Code ( I.P.C .) for the punishment of such abetment. When the substantive
attempt is not expressly covered as a penal
provision elsewhere in the Code. The provision of Section 306 of the
IPC provides, punishment ... consequence of abetment; (iii) that there is no express provision in
penal code to punish such abetment and (iv) the offence abetted is
punishable with
offences punishable under Section
306 read with 511 of the Indian Penal Code ( IPC ). On completing
the investigation, the charge-sheet was filed ... said provision, which
reads as under:
" Section 107 in The Indian Penal Code
107 Abetment of a thing.--A person abets the doing
Crime No.2243 of 2004 for the offence under Section 174 Cr.P.C. (printed
copy of the FIR is Ex.P16) and handed ... prosecution, when the appellant was
questioned under Section 313(1)(b) of Cr.P.C., he denied the alleged
charges, however, no witness was examined
Section 498-A with other provisions were inserted in the Indian Penal Code by the Criminal Law (Second Amendment) Act, 1983 with effect from 23rd ... been contended that Section 306 read with Section 116 of the Indian Penal Code would not be attracted because there cannot be any abetment
Criminal Petition is filed under Section 482 of Code
of Criminal Procedure, 1973 (for short ' Cr.P.C .') to quash the
proceedings against ... offences punishable under Section
306 read with 511 of the Indian Penal Code , 1860 (for short
' IPC ').
2. The brief facts
