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Nagwant Prasad Gupta Son Of Suresh ... vs The State Of Jharkhand on 7 November, 2023 cites

Ramesh Kumar Soni vs State Of Madhya Pradesh on 26 February, 2013

In the judgment passed by the Hon'ble Supreme Court in "Ramesh Kumar v. State of 22 Acquittal Appeal No. 21 of 2016 Chattisgarh" (2001) 9 SCC 618 it has been observed that the totality of circumstances is to be considered while drawing a presumption under section 113-A of the Evidence Act and there has to be some evidence available on record and therefore the inference that the accused had abetted the commission of suicide by his wife may necessarily be drawn. It has been held in paragraph nos.20, 21 and 22 of the said judgment that section 498-A IPC and section 306 IPC are independent and constitute different offences depending upon the facts and circumstances of the individual case, subjecting a woman to cruelty may amount to an offence under section 498-A IPC and may also, if a course of conduct amounting to cruelty is established leaving no other option for the woman except to commit suicide, amounts to abetment to commit suicide. It has been held that merely because an accused is held liable for punishment under section 498-A IPC it does not follow that on the same evidence he must also necessarily be guilty of having abetted the commission of suicide by the woman concerned. Section 498-A IPC defines the term cruelty which is in two parts; (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, and (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Supreme Court of India Cites 55 - Cited by 497 - T S Thakur - Full Document

Mangat Ram vs State Of Haryana on 27 March, 2014

The Hon'ble Supreme Court further considered the judgment passed in the case of "Mangat Ram v. State of Haryana" (2014) 12 SCC 595 wherein it has been held that mere commission of suicide within seven years does not automatically attract section 113-A of the Evidence Act. Only where it is shown that her husband or relative subjected her to cruelty, the presumption as defined under section 498-A IPC may attract having regard to other circumstances of the case. The Court "may presume" has to be considered having regard to the other circumstances and accordingly the presumption is discretionary. In the said judgment it has also been held that the prosecution has to first establish that the woman concerned committed suicide within a period of seven years from the date of her marriage and she was subjected to cruelty. Even though those facts are established the Court is not bound to presume that suicide has been abetted by her husband and section 113-A gives discretion to the Court to raise such a presumption having regard to all other circumstances of the case which means that where the allegation is of cruelty it can consider the nature of cruelty to which the woman was subjected having regard to the meaning of the word cruelty in section 498-A IPC. In the said judgment the Hon'ble Supreme Court found that the prosecution failed to adduce any clinching evidence to enable the Court to conclude that the accused had abetted the victim to commit suicide. The conviction under section 498-A was upheld but the benefit of the doubt was given under section 306 IPC.
Supreme Court of India Cites 13 - Cited by 103 - K Radhakrishnan - Full Document
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