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1 - 10 of 10 (1.08 seconds)Section 107 in The Indian Penal Code, 1860 [Entire Act]
Section 319 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of W.B vs Orilal Jaiswal on 23 September, 1993
In State of West Bengal v. Orilal Jaiswal (1994) 1 SCC
73, this Court has cautioned that the court should be
extremely careful in assessing the facts and circumstances of
each case and the evidence adduced in the trial for the
purpose of finding whether the cruelty meted out to the victim
had in fact induced her to end the life by committing suicide.
If it appears to the court that a victim committing suicide was
hypersensitive to ordinary petulance, discord and differences
in domestic life quite common to the society to which the
victim belonged and such petulance, discord and differences
were not expected to induce a similarly circumstanced
individual in a given society to commit suicide, the conscience
of the court should not be satisfied for basing a finding that
the accused charged of abetting the offence of suicide should
be found guilty.
Ramesh Kumar vs State Of Chhattisgarh on 17 October, 2001
24. The learned counsel also placed reliance on another
judgment of this Court in Ramesh Kumar v. State of
Chhattisgarh (2001) 9 SCC 618. In this case, a three-Judge
Bench of this Court had an occasion to deal with a case of a
similar nature. In a dispute between the husband and wife,
the appellant husband uttered "you are free to do whatever
you wish and go wherever you like". Thereafter, the wife of the
appellant Ramesh Kumar committed suicide. The Court in
para 20 has examined different shades of the meaning of
"instigation". Para 20 reads as under: (SCC p. 629)
"20. Instigation is to goad, urge forward, provoke,
incite or encourage to do `an act'. To satisfy the
requirement of instigation though it is not necessary
that actual words must be used to that effect or
what constitutes instigation must necessarily and
specifically be suggestive of the consequence. Yet a
reasonable certainty to incite the consequence must
be capable of being spelt out. The present one is not
a case where the accused had by his acts or
omission or by a continued course of conduct
created such circumstances that the deceased was
left with no other option except to commit suicide in
which case an instigation may have been inferred. A
word uttered in the fit of anger or emotion without
intending the consequences to actually follow
cannot be said to be instigation."
Mahendra Singh And Anr., Gayatribai vs State Of M.P. on 7 February, 1995
22. The learned counsel for the appellant has placed reliance
on a judgment of this Court in Mahendra Singh v. State of
M.P. 1995 Supp (3) SCC 731. In Mahendra Singh, the
allegations levelled were as under: (SCC p. 731, para 1)
"1. ... My mother-in-law and husband and sister-in-
law (husband's elder brother's wife) harassed me.
They beat me and abused me. My husband
Mahendra wants to marry a second time. He has
illicit connections with my sister-in-law. Because of
these reasons and being harassed I want to die by
burning."
Section 309 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Gangula Mohan Reddy vs State Of A.P on 5 January, 2010
15. Learned counsel for the appellant has placed reliance on
the judgment of this court in Gangula Mohan Reddy v.
State of Andhra Pradesh (2010) 1 SCC 750 (in which one of
us, Bhandari, J., was the author of the said judgment). The
ratio of the said judgment is fully applicable to this case and
we deem it proper to rely and reproduce some parts of the
said judgment.
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