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1 - 6 of 6 (0.48 seconds)Section 306 in The Indian Penal Code, 1860 [Entire Act]
Section 107 in The Indian Penal Code, 1860 [Entire Act]
Section 109 in The Indian Penal Code, 1860 [Entire Act]
Gangula Mohan Reddy vs State Of A.P on 5 January, 2010
He has further argued that even if said suicide note is taken as
correct, as had been written by the deceased even then no case U/s
306 IPC is made out against the accused, in view of the judgment of
the Hon'ble Supreme Court (2010) ACR 203, Gangula Mohan
Reddy Vs. State of Andhra Pradesh and relying upon the said
judgment, he has argued that in the present case, there was no
instigation or intentional aid on behalf of the accused to cause the
death of the deceased and the same does not fall within the definition
State Vs. Kamal Dev PS Narela FIR No.08/02 1-18
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of Section 107 of the Indian Penal Code, which defines abetment.
Mahendra Singh vs State Of M.P on 5 April, 2007
(3) SCC 731, referred to in Sanju @
Sanjay Singh Sengar(supra), is quite apposite. A
similar allegation of harassment was made against
the in-laws, but that was not considered to fall within
the four corners of Section 306 IPC. In that case,
there were allegations of beating as well which are
absent in the present case. Apart from all this, in the
present case, I find that there is no element of mens
rea, which is an essential ingredient, even if the
allegations, as per the case of the prosecution, were
to be taken to be true and correct. In my view, the
learned Additional Sessions Judge was entirely
wrong in coming to the conclusion that a charge
under Section 306 IPC could be framed against the
present petitioners.
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