charge u/s 306 IPC with the aid of presumption under section 113 A
of the Evidence Act .
Section 306 IPC ... same meaning as in section 498A of the Indian Penal Code (45 of
1860)".
26. A perusal of this section goes to show that
Narela FIR No.08/02 1-18
7
of Section 107 of the Indian Penal Code, which defines abetment.
14. On the other hand ... note attract the Provisions of section 306 IPC, as defined in the
definition of abetment U/s 107 IPC .
26. From
Sc No. 29/06 & 73/07 State vs . Anil Kumar & Anr. Page 1
1- G.V. Siddaramesh vs . State Of Karnataka 2010 (1) Jt 639: on 19 August
1- G.V. Siddaramesh vs . State Of Karnataka 2010 (1) Jt 639: on 12 August
husband could be prosecuted under section 302. Section
304B and section 306 of the Indian Penal Code. T he distinction as regards
commission ... crime. The word
"instigate" used in section 107 IPC, cannot be restricted to use of actual
words
IPC in the facts of
this case, having been held guilty under section 498A IPC.
38. Section 306 IPC ... with
imprisonment which may extend to ten years and with fine. Section 107
IPC defines "abetment" which reads as under
consuming sulphas. Thus, the second and the
third limb of Section 107 IPC are just not attracted. The question would be whether ... meaning of the word 'instigation' occurring in Section 107 of
the IPC?
"The answer to the aforesaid question
Punjabi Bagh
36. Ld. Counsel submitted that Section 306 of the Indian Penal Code,
reads as under :
Abetment of suicide If any person commits suicide ... definition of
"abetment" as read in section 306 taken together with section 107 of
IPC.
46.Ld. Counsel submitted that prosecution
crime will be guilty
of conspiracy."
25 Section 107 Indian Penal Code is reproduced as below:
A person abets the doing of a thing ... held by Hon'ble Supreme Court that Section 109
provides that if the act abetted is committed in consequence of
abetment and there
