IPC 306 and some case laws
DINESH SINGH
(Querist) 24 September 2008
This query is : Resolved
Dear sir,
My sis has got married in 2002,with a person who was in the profesion of civil contractor,
there marriage was registered marriage,after 2004 . They had bought one house which they have bought on the name of my sis. After some days we came to know that her husband is habitual drunker and having all other bad habits.
The situation of there profession become worst,they left the civil contract,joind people like playing gambling,drinking and all bad habits..After a period of 4/5 months there was daily disputes/quarrel between husband and wife,because of money and his habit of drinking.matter gose to police when his position become week they tried to get that house by every week coming to us for compromise and they saw when it was not possible her husband started hitting her everyday ,threatening us every day for that house,through other persons,where we were not concern with that house. . We have lodged so many police complaint against him for violence and asking her to left the home,but it is of no use
Inlaws of sister filed case in civil court to get/claim that house ,there relation gets spoiled and situation become worst day by day.
Meanwhile the case of civil court was in our favour,because he has been asked so many question during cross and argument he replid and agree that I have bitten my wife,used abusive language to her,I am habitual drinkerand threaten her parents,brothers.They have brought stay on the sell of house which is in the name of my sister.
Now they are staying separate since last 2 years,because of day to day quarrel and his violence,and threating her with dire consequence.
One day we heard his husband commited sucide by consuming poision.Inlaws filed complaint against my sis and parents that they have police lodge complaint against sister and other family member that they have threaten him for the house own by sister and lodged complaint under s/c.306 of IPC
Please suggest what to do,
We have taken bail and the case is in session court.can we make an application for dismiss the case because it is false case.
Can you please give any case laws on IPC-306 on the ----
Waiting for suggessation
ARVIND JAIN
(Expert) 24 September 2008
2004 SCCL.COM 235(Case/Appeal No: Criminal Appeal No. 609 of 1997)
Hans Raj Appellant Vs. State of Haryana Respondent, decided on 2/26/2004.
Name of the Judge: Hon’ble Mr. Justice N. Santosh Hegde and Hon'ble Mr. Justice B.P. Singh.
Subject Index: Indian Penal Code, 1860 -- section 306 -- conviction for 7 years by Additional Sessions Judge affirmation by High Court -- though the prosecution has failed to establish the offence under Section 306 IPC., the evidence on record justified the conviction of the appellant under Section 498-A IPC -- acquittal under section 306 and conviction under section 498-A and sentenced to one year imprisonment.
2008 SCCL.COM 444(Case/Appeal No: Criminal Appeal No. 1464 of 2007)
Sohan Raj Sharma Appellant Vs. State of Haryana Respondent, decided on 4/7/2008.
Name of the Judge: Hon'ble Dr. Justice Arijit Pasayat and Hon'ble Mr. Justice P. Sathasivam.
Subject Index: Indian Penal Code, 1860 — section 306 — conviction under — it cannot be said that the ingredients of Section 306 IPC have been established. Therefore, the conviction as recorded cannot be maintained. The order of the High Court is set aside. The appellant be released forthwith unless required in connection with other case.
2008 SCCL.COM 876(Case/Appeal No: Criminal Appeal No. 895 of 2003)
Rajbabu and another Appellants Vs. State of M.P. Respondent, decided on 7/24/2008.
Name of the Judge: Hon'ble Mr. Justice R.V. Raveendran and Hon'ble Dr. Justice Mukundakam Sharma.
Subject Index: Indian Penal Code 1860 — sections 306 and 498A — conviction under — appeal — dismissal by High Court — the deceased was of the view point that her life has been spoiled by marrying Appellant No. 1. The letter reflects the attitude of the in-laws of the deceased towards the deceased. In the said letter there was no reference of any act or incident whereby the appellants were alleged to have committed any willful act or omission or intentionally aided or instigated the deceased to commit suicide — on such slender evidence, therefore, court is not persuaded to invoke the presumption under Section 113-A of the Evidence Act to find the appellant guilty of the offence under Section 306 IPC — whether an offence is made out under section 498A of IPC. Though the letter allegedly written by the deceased mentions the fact that the attitude of the family was not good towards the deceased and she was not treated well but there is no mentioned about any of such incident — conviction under Sections 306 and 498A of the IPC passed against the appellant No. 2 set aside and this court acquits her granting her benefit of doubt. The appeal is allowed in so far as appellant No. 2 is concerned.
deepak kumar
(Expert) 24 September 2008
the plea of false implication can be taken during the trial and before that there is no scope for avoiding the trial on account of false implication.
K.C.Suresh
(Expert) 25 September 2008
The basic constituents of an offence S.306 IPC are suicidal death and abetment thereof. To attract the ingredeints of abetment, the intention of the accused to aid or instigate or abt the deceased to commit suicide is necessary.
Suicide means intentional killing of oneself. Suicide is a fact and not a presumption. Intention is the essential legal ingredient of suicide. From the avialble facts I feel that your case may not attract S.306 IPC.
