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Landmark Judgments and Articles on Law

Mens Rea For Section 306 IPC Cannot Be Assumed – Husband Acquited in Wife To Suicide

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.40 OF 2011 Gurcharan Singh Appellant Versus The State of Punjab Respondent JUDGMENT Hrishikesh Roy, J. 1. This Appeal challenges the judgment and order dated 4.3.2010 of the High Court of Punjab and Haryana…

Proof of direct or indirect acts of Incitement to the commission of Suicide required to prove Abetment of suicide

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.723 of 2017 (O&M) Reserved on: 07.01.2019 Decided on: 09.01.2019 Balwinder Singh and another….Petitioners Versus State of Punjab….Respondent CORAM: HON’BLE MR JUSTICE ARVIND SINGH SANGWAN Present : Mr. P.S. Ahluwalia, Advocate for the petitioners….

SC : HC cannot quash Criminal Proceedings u/d.482 on the basis of its Assessment of S.161 CrPC Statements

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.232 of 2020 (Arising out of S.L.P. (Crl.) No.1174 of 2017) RAJEEV KOURAV…. Appellants Versus BAISAHAB AND ORS.…. Respondent (s) JUDGMENT L. NAGESWARA RAO, J. 1. The above Appeal is filed against the judgment…

Abetment involves a Mental routine of Instigating a chairman or Intentionally helping a Person in doing of a Thing

THE HIGH COURT OF MADHYA PRADESH MCRC No.3107/2018 Mayank Sharma & Ors. vs. State of M.P. & Anr. Gwalior, Dated : 06.12.2018 Shri Anshu Gupta, Counsel for a applicants. Shri B.P.S. Chauhan, Public Prosecutor for a respondent No.1/State. Shri Pawan Devnani, Counsel for a respondent…

Slapping father in participation of others not adequate to uncover Instigation to Commit suicide

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment indifferent on: 22nd November, 2018 Judgment delivered on: 08th January, 2019 CRL. REV. P. 330/2017 MS SHIKHA GUPTA ….. Petitioner versus STATE (GNCT OF DELHI) ….Respondent Advocates who seemed in this case: For a Petitioner…

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 93 of 2019 (Arising out of SLP (Crl.) No.8667 of 2016) RAJESH …. Appellant(s) Versus STATE OF HARYANA ….Respondent(s) JUDGMENT L. NAGESWARA RAO, J. Leave granted. 1. The Appellant was convicted under Section…

Ingredients of the offence unproved acquitted in Section 306 IPC

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1135 OF 2016 (ARISING OUT OF S.L.P (CRIMINAL) NO. 8764 OF 2016) GURCHARAN SINGH .…APPELLANT VERSUS STATE OF PUNJAB ….RESPONDENT J U D G M E N T AMITAVA ROY, J. 1. In…

Clear mens rea to commit the offence is a sine qua non for conviction under Section 306 IPC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APL) NO. 293 OF 2013 Pramod Shriram Telgote, aged about 49 years, Occupation Service in ADCC Bank, Akola as Senior Inspector, R/o Ranpise Nagar, Akola, Tq.and District Akola. … APPLICANT VERSUS 1….

498A Quash – Delay in lodging the FIR, No cruelty in suicide Note.

Delhi High Court Nagesh Tyagi vs State ORDER Dalveer Bhandari, J. 1. This revision petition is directed against the Order dated 30.8.1999 passed by the learned ASJ by which he framed the charges framed against the petitioner under Sections 306 read with Section 498-A of the…

Deserting is not cruelty nor abetting suicide, 498A Quash

      IN THE HIGH COURT OF DELHI AT NEW DELHI                      Crl. Appeal No. 279/2001 Decided on: 26th April, 2011 ASHOK GOYAL                                                    ….. Appellant Through:   Mr. Anil Soni, Mr. Sanat Kumar and Ms. Poonam Gulia, Advocates versus STATE                                                         ….. Respondent Through:   Mr. Pawan Bahl, APP Coram: HON’BLE…

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