Section 394 Cr.P.C. reads as follows : “394. Abatement of appeals. – (1) Every appeal under Section 377 or Section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant : Provided that where the appeal […]
To constitute “instigation”, a person who instigates another has to provoke, incite, urge or encourage doing of an act by the other by “goading” or “urging forward”. Section 306 of the IPC reads as under : “306. abetment of suicide If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description […]
Penal Code, 1860—Section 306 read with Section 107—abetment of suicide—In cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to commission of suicide—Act of abetment by person charged with said offence must be proved and established by prosecution before he could be convicted under Section 306—Merely on allegation of harassment without there being any positive action proximate to time of occurrence on the part of accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable. Error! No text of specified style in document. vs. Error! No text of specified style in document.
A conviction would be valid even if there is any omission or irregularity in the charge, provided it did not occasion a failure of justice. (2011) 1 SCALE 114 : (2011) 2 SCC 47 : (2011) 1 SCR 110 : AIR 2011 SC 686 : JT 2011 (1) SC 89 : (2011) 1 SCC (Cri) 601 SUPREME COURT OF […]
SUPREME COURT OF INDIA DIVISION BENCH ( Before : D. A. Desai, J; Baharul Islam, J ) BIBI RAHMANI KHATOON AND OTHERS — Appellant Vs. HARKOO GOPE AND OTHERS — Respondent