indicates that irrespective of presumption under Section 113-A of the Evidence Act, the offence under Section 306, I. P. C. can also be established ... reduced from three years to two year's for the offence under Section 306, I. P. C. The fine amounts remain undisturbed. The convictions
offence under Section 302 , 304B and 498A , and the
conviction could not have been recorded for the alleged offence
under Section 306 in the absence ... offence under Section 306 regarding abetment of suicide
together with Section 304B and 498A of IPC and confirming the
conviction under Section 306 has also
offence or that any offence could be spelt
out from the said suicide note or the FIR much less
offence under Sections 306 ... Section 306 IPC, it is important to carefully examine
the basic ingredients of Section 306 IPC. The said section
is reproduced as under:-
―306. Abetment
provisions of Section 306 IPC along with the definition of abetment under Section 107 IPC observed as under:-
"14. Section 306 of IPC makes ... Section 107 IPC and its co-relation with Section 306 IPC has been discussed repeatedly by this Court. In the case of S.S. Cheena
S.G.Munia & ors. v. State of Gujarat,
2002[3] GLH 417, this Court has held that, to
constitute an offence under Section 306 ... terms of
Section 306 IPC is not sustainable."
"16. In order to bring a case within the purview of
Section 306
offence under
Section 304(B) IPC and remitted the matter back to the
trial Court to consider the charge for the offence under
Section 306 ... offence under
Section 304-B r/w 34 of IPC and remitted the matter
back to consider the charge for the offence under
Section 306
offence of
cruelty under Section 498-A of the IPC against the
accused conviction of the accused for the offence
under Section 306 ... offence under Section
498-A of the IPC was not made out, but convicted the
appellants for the offence punishable under Section
306
offence of
cruelty under Section 498-A of the IPC against the
accused conviction of the accused for the offence
under Section 306 ... offence under Section
498-A of the IPC was not made out, but convicted the
appellants for the offence punishable under Section
306
abetting the
commission of offence under Section 306 IPC."
14. In S.S.Chheena Vs. Vijay Kumar2 , the Hon'ble Apex Court,
speaking ... punishment provided for the original offence. "Abetted"
in Section 109 means the specific offence abetted. Therefore, the
offence for the abetment of which
driven to commit suicide and the offence under Sections 498A
read with Section 114 as well as 306 of IPC was committed.
On
the basis ... charges
for offence under Section 498A read with Section 114 are believed /
accepted and the evidence for the offence under Section 306 is not
believed
