Search Results Page
Search Results
1 - 10 of 11 (0.36 seconds)Section 498A in The Indian Penal Code, 1860 [Entire Act]
Ramesh Kumar vs State Of Chhattisgarh on 17 October, 2001
19. Now, applying the above principles to the present case, on a
detailed, cumulative and careful perusal of the suicide note, written by the
deceased herself, it may be seen that she thinks that this is the best thing that
could happen to her that too in view of her being pious and God-fearing,
and she requests the husband to hand over the child to her father and not to
reveal her suicide to the world and in the suicide note, it can be seen that
while narrating the cruelty committed by the husband by developing an
illicit affair with one Padma and thereafter otherwise, finally before even
ending the note, she says that she had decided to commit suicide.
Thereafter, she narrates the incident which happened on the previous day,
whereunder, she says that the appellant hit her on account of which, she
wanted to give complaint and the appellant/accused took her upto the Police
Station, but, however, brought her back and threatened that he will harm his
https://www.mhc.tn.gov.in/judis
15/20
Crl.A.No.314 of 2019
father and broke the phone. Thereafter also, the appellant did not do
anything in the next day and upon seeing the father, she had handed over the
suicide notes and when the father had gone away to the temple along with
the child, she committed suicide. Therefore, in this case, even though there
is ample evidence of cruelty, the said cruelty by itself does not suggest that
the appellant had an intention to make the deceased commit suicide or that
the deceased had no other option than to commit suicide. However,
unfortunately, the deceased had taken the extreme step which she describes
in detail. Therefore, the prosecution, in this case, has not proved the
instigation as held by the Hon'ble Supreme Court of India in the case of
Ramesh Kumar Vs. State of Chhattisgarh (cited supra). Therefore, I hold
that on a perusal of the suicide note and the background of the respondent
and the manner in which she was living and the timing of suicide that too
after meeting her father and sending the child, it is an extreme and
unwarranted step taken by the deceased when she is from an upper middle
class background and had the choice of going along with her father and
therefore, I am of the view that the findings of the Trial Court that the
appellant is guilty of the offence under Section 306 of the Indian Penal
Code is unsustainable.
The Indian Evidence Act, 1872
Section 174 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 207 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 209 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 374 in The Code of Criminal Procedure, 1973 [Entire Act]
Gurjit Singh vs The State Of Punjab on 26 November, 2019
18. The Hon'ble Supreme Court of India, in the recent Judgment
relating to the case of allegation against the husband for having abetted the
wife to commit suicide within seven years, had, in the matter of Gurjith
Singh Vs. State of Punjab2, re-stated the entire law on the subject and also
followed the law laid down in Ramesh Kumar (stated supra) and ultimately
held in the paragraph No.35 as follows:-