“Abetment involves mental process of instigation or intentionally aiding a person in doing of a thing – there should be clear means rea to commit offence under Section 306- it requires commission of direct or active act by the accused which lead the deceased to commit suicide leaving no other option and such act must be intended to push the victim into a position that he commits suicide. To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative. Any severance or absence of any of these constituents would mitigate against this indictment.”
Even in a Criminal Appeal, in a given factual matrix of an appeal, the High Court in exercise of its inherent power under Section 482 of CrPC can grant permission for compounding of an offence, even if it be an offence under Section 376/511 and under Section 354 of the IPC.
The Trial Court not finding appellant and co-accused guilty of the offence under Section 302 of IPC, the appellant could not have been independently convicted so far as the offence under Section 201 of IPC is concerned for the reason that the principle offence under Section 302 IPC itself has not been established against any of the accused persons.
If once the case of the prosecution regarding the offence of murder is not accepted, it follows that the appellant cannot be convicted for the offence under Section 201 IPC either, because the evidence relating to that offence is common.
A lessor, with the best of title, has no right to resume possession extra judicially by use of force from a lessee even after expiry of lease.
After expiry of contractual tenancy, under section 12 of the Accommodation Control Act, the tenancy rights are protected and the tenant be a statutory tenant.
In absence of any cross examination on the point, the evidence of plaintiff witness remains unchallenged and would be deemed to be admitted.
The prosecution has to establish that appropriate and proper procedure has been followed for collection of blood sample for DNA profiling by leading evidence/material on record.
In case, the Executive Magistrate records the dying declaration of the declarant, it would not be appropriate for police officer to re-record the dying declaration of the declarant at any subsequent point of time.
When surviving son or spouse carries on business, on death of original tenant he would be deemed to be a tenant under the Chhattisgarh Rent Control Act, 2011.
In case of serious doubt as to whether victim / deceased was in fit state of mind to make dying declaration and in absence of certificate of doctor, it would be unsafe to convict an accused on the basis of dying declaration for offence under Section 302 of the IPC.
Article 20(3) of the Constitution of India is a protection to the accused against compulsory testimonial and consequently, Section 91 of the CrPC is not applicable to accused.
High Court of Chhattisgarh
National Highway -130, Bodri Bilaspur, Chhattisgarh 495220
: March 17, 2023.
Site is Designed and Maintained by High Court Computer Cell Bilaspur. Hosted by National Informatics Centre (NIC), Ministry of Electronics & Information Technology, Government of India.