2007 (6) TMI 580

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...., Advs. JUDGMENT ARIJIT PASAYAT, J. 1. Challenge in this appeal is to the order passed by the learned Single Judge of the Madhya Pradesh High Court, dismissing the appeal filed by the appellant questioning his conviction under Section 306 of the Indian Penal Code, 1860 (in short 'IPC') and sentencing him to undergo RI for five years. 2. The background facts in a nutshell are as follows....

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....cide by hanging from the roof. After completion of investigation charge sheet was placed and the accused pleaded innocence. 3. Primarily relying on the evidence of PWs. 8, 10 and 11 the Trial Court came to hold that the accused had abetted suicide. Accordingly the conviction was recorded and sentence was imposed. Appeal before the High Court did not bring any relief to the appellant. 4. In suppo....

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....fact, the so called marks were stated to be several days old and there was no evidence to conclude that those injuries were inflicted by the accused. 5. On the other hand, learned Counsel for the State submitted that the presumption available under Section 113A of the Indian Evidence Act, 1872 (for short 'the Act') can be pressed into service. He, however, fairly conceded that the marriag....

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....the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the offender is to be punished with the punishment provided for the original offence. 'Abetted' in Section 109 means the specific offence abetted. Therefore, the offence for the abetment of which a person is charged with the abetment is normally linked with the proved....