Abetment of Suicide -- Ordinary Matrimonial Discord -- Not sufficient to attract offence
(i) Indian Penal Code, 1860, S.306 read with S.107 -- Abetment of Suicide -- Ordinary Matrimonial Discord -- Not sufficient to attract offence -- Mere existence of disputes or discord in matrimonial life does not by itself constitute abetment of suicide. A specific act of instigation or abetment with intention to bring about the suicide is a mandatory ingredient, and its absence is fatal to a conviction under Section 306. (ii) Code of Criminal Procedure, 1973, S.378 -- Appeal Against Acquittal -- Reversal Without Finding of Perversity -- Not permissible -- An appellate court cannot reverse an order of acquittal without recording a specific finding that the view taken by the trial court was perverse or impossible on the evidence. The presumption of innocence, strengthened by acquittal, and the benefit of doubt must weigh in favour of the accused where two views are reasonably possible.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech