Section 306 IPC in the facts of the
present case. Section 306 deals with abetment of suicide
and Section 107 deals with abetment ... could be
convicted under Section 306 IPC.
17. The expression `abetment' has been defined under
Section 107 IPC which
booked for
the offences punishable under Sections 363 , 366 and 376 of the Indian Penal
Code ( IPC ), she stands behind him like ... scope of Section 306 IPC as
there is no abetment.
31. Section 306 IPC reads as under:-
“Section 306. Abetment
same
meaning as in section 498-A of the Indian
Panel Code (45 of 1860)."
18. Section 107 IPC clearly defines abetment ... offence under Section 498-A IPC or
Section 306 IPC vis-`-vis Section 107 IPC was not
considered
stated,
would not constitute an offence under Section 306 read with Section 107
IPC. Interestingly and as is evident from the findings recorded ... acquit them of not only the offence under Section
306 IPC but under Section 107 IPC also. There appears
Supreme Court
observed that no offence under Section 306 IPC read with Section 107 IPC
was made out because there ... husband due to
differences per se does not attract Section 306 read with Section 107 IPC, if
the wife commits suicide. Hence
Judge Bench, while dealing with the
concept of abetment under Section 107 I.P.C. and, especially, in the
context of suicide note ... said case has referred to certain
authorities with regard to Section 107 I.P.C. and opined as under:
“In fact, from the above discussion
consequently
introduced Sections 113A and 113B in the Indian Evidence
Act , and section 498A and 304B in the Indian Penal Code .
[627E ... introduced Sections 113A and 113B in the Indian Evidence Act
and Sections 498A and 304B in the Indian Penal Code . By
reason of Section 113A
Indian
Evidence Act . Any person who abets the commission of
suicide is liable to be punished under Section 306 IPC.
Section 107 IPC ... interplay
between Section 113 A of the Indian Evidence Act, 1872 and
Sections 498A, 107 and 306 of the IPC , held that
PW19 had made statements under Section 164 of the
CrPC. Statement under Section 164 of the CrPC could be
used for the purpose of corroborating ... learned Counsel for the State.
SECTIONS 120A, 107, 108, 109, 141 AND 149 OF THE IPC
30. Section 120A of the IPC
guilty of abetment falling under the “Thirdly”
clause of Section 107 of the Penal Code.’
30. Although the illustrations supra were cited by the
prosecution ... commission of the offence. Insofar as
the first limb of Section 107 I.P.C. is concerned, there is no
evidence that either
