itself and without something
more attract Section 306 IPC read with Section 107 IPC.
16. However, in our opinion mere harassment ... husband due to differences per se does not attract
Section 306 read with Section 107 IPC, if the wife commits
suicide. Hence
itself and without something
more attract Section 306 IPC read with Section 107 IPC.
16. However, in our opinion mere harassment ... husband due to differences per se does not attract
Section 306 read with Section 107 IPC, if the wife commits
suicide. Hence
order to
attract the abetment under Section 306 IPC, the necessary ingredients
contained in Section 107 IPC have to be proved ... appellant was convicted under Section
498-A IPC but was acquitted for the offence under Section 306 IPC.
In the present
Annexure P-1 under Sections 306 , 506 and 34 of the Indian Penal
Code (in short ' IPC ') registered at Police Station ... abetment" have been stated in Section
107 of the Indian Penal Code. Section 107 says that a person
abets the doing of a thing
commit suicide is provided in
Section 306 of Indian Penal Code. Abetment has been defined in Section
107 of the Indian Penal Code. Sections 107 ... Section 306 IPC,
a clear mens rea to commit the offence is required to be proved. The
requirement of the Indian Penal Code
shows that no offence
under Section 306 IPC is made out. Section 107 IPC reads as under:-
Section 107 . abatement ... State of Chhattisgarh , (2001) 9
SCC 618 as under:-
"7. Section 107 I.P.C defines abetment to mean that
a person abets
Thus, to attract the abetment under Section 306 IPC, the necessary
ingredients contained in Section 107 IPC have to be proved ... appellant was convicted under Section
498-A IPC but was acquitted for the offence under Section 306 IPC.
In the present
Section 306 Indian
Penal Code, it is important to carefully examine the basic ingredients of Section
306 Indian Penal Code. The said section is reproduced ... Section 306 Indian Penal Code is not sustainable.
16. In order to bring a case within the purview of Section 306 of Indian Penal
Code
which if wife
commits suicide, it will not attract Section 306 read with Section 107 IPC.
In case S.S.Cheena Vs. Vijay ... offence under Section 306 IPC and had not instigated his
wife to commit a suicide as per Section 107 IPC
itself and without something more attract Section 306
Indian Penal Code read with Section 107 Indian Penal Code.
16. However, in our opinion mere harassment ... differences per se does not attract Section 306
read with Section 107 Indian Penal Code, if the wife commits
suicide. Hence, we agree with
