Showing posts with label abetment to suicide. Show all posts
Showing posts with label abetment to suicide. Show all posts

Wednesday, January 7, 2015

दहेज का फर्जी केसः पत्नी को 7 साल की कैद

दहेज का फर्जी केसः पत्नी को 7 साल की कैद

as on नवभारत टाइम्स| Dec 10, 2014, 03.24PM IST

विधि संवाददाता, लखनऊ
पति को दहेज प्रताड़ना के फर्जी मामले में फंसाना एक युवती को भारी पड़ गया। मंगलवार को अपर सत्र न्यायाधीश की कोर्ट ने पत्नी को दहेज प्रताड़ना के फर्जी मामले में फंसाकर पति को आत्महत्या के लिए विवश करने का दोषी करार दिया है। कोर्ट ने पत्नी को सात साल की कैद की सजा सुनाते हुए 10 हजार रुपये का जुर्माना भी लगाया। पत्नी को जेल भेज दिया गया।
अभियोजन पक्ष के मुताबिक राजेश केसरवानी व श्रद्धा वर्मा उर्फ सरला ने 20 मई 2011 को आर्यसमाज मंदिर में प्रेम विवाह किया था। सरला शादी के 25 दिन बाद ही मायके लौट गई और राजेश पर दहेज प्रताड़ना समेत कई केस कर दिए। फर्जी मुकदमों से परेशान होकर पति राजेश ने 24 मार्च 2012 को फांसी लगाकर आत्महत्या कर ली। मरते समय पति ने सूइसाइड नोट लिखा और उसमें पत्नी को अपनी मौत का जिम्मेदार बताया था। घटना की प्राथमिकी मृतक के भाई राकेश केसरवानी ने हुसैनगंज थाने पर लिखाई थी।

जांच के बाद पुलिस ने पत्नी को पति को आत्महत्या के लिए उकसाने का दोषी पाया और आईपीसी की धारा 306 के तहत आरोपपत्र दाखिल किया। कोर्ट में ट्रायल के दौरान अपर सत्र न्यायाधीश एएन पांडेय ने पत्नी को शादी के बाद से ही पति को प्रताड़ित करने का दोषी पाया था। मंगलवार को फैसला सुनाते हुए उन्होंने आरोपित सरला को सात साल की सजा सुनाई है।

http://navbharattimes.indiatimes.com/metro/lucknow/crime/wife-got-7-year-of-imprisonment-for-fake-dowery-case/articleshow/45440963.cms


Wednesday, March 26, 2014

Man attempts suicide after attacks by wife, in-laws

Man attempts suicide after attacks by wife, in-laws

Yagnesh Mehta,TNN | Mar 22, 2014, 08.56 PM IST
SURAT: A resident of Ved Road in the city attempted suicide by consuming poisonous material on Wednesday following alleged torture by his wife and in-laws. Father of two sons alleged that his wife took help of goons to thrash him repetitively. Wife and her family were allegedly forcing the husband to discontinue relation with his family.
Mahesh Pardhi, married to Chandrika around 12 years ago and the couple has two sons. A jari worker, Pardhi, consumed poisonous material at his residence and attempted to kill self. He was shifted to a hospital and currently under treatment in critical condition.
He wrote a suicide not before attempting suicide in which he alleged that his wife, brother-in-law, father and mother-in-law have repeatedly tortured him during past few years. Demanding discontinuation of relation with his family Pardhi was thrashed by his wife. Pardhi was pressurised by his wife to stop meeting his mother, sister and brother. His wife thrashed him number of times, Pardhi alleged.
Pardhi alleged that his wife called goons to thrash him. His brother-in-law, mother and father-in-law thrashed him forming a group. Recently Pardhi's wife approached police after which he was threatened by her of police actions. Police are now investigating the case.

Friday, August 20, 2010

Throw out baseless allegations in abetment to suicide cases: Supreme Court

Throw out baseless allegations in abetment to suicide cases: Supreme Court

New Delhi, August 19, 2010

Without specific material or evidence, it'll be hazardous to ask accused to face trial

Observing that a criminal trial is not a pleasant experience, the Supreme Court has held that unless there are specific material and evidence of abetment to suicide, it will be hazardous to ask the accused to face trial.

Asking courts to be extremely cautious in convicting the accused in abetment to suicide cases, a Bench of Justices V.S. Sirpurkar and Cyriac Joseph noted that a person who took his own life would not be available for cross- examination, to verify the allegations made in the suicide note.

Writing the judgment, Justice Sirpurkar said baseless and irrelevant allegations could not be used for prosecution for a serious offence under Section 306 (abetment of suicide) of the Indian Penal Code.

“In such matters, there must be an allegation that the accused had instigated the deceased to commit suicide, or secondly, had engaged with some other person in a conspiracy, and lastly, that the accused had in any way aided in any act or illegal omission to bring about the suicide,” the Bench said.

“The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306.”

Verdict quashed

In the instant case, Madan Mohan Singh filed an appeal against a judgment of the Gujarat High Court, which refused to quash the First Information Report against him for abetment to suicide by Deepakbhai Krishnalal Joshi, who had been working as driver in a company under the appellant. It was alleged in the FIR, registered at the instance of the victim's wife, that Joshi had committed suicide due to harassment by Singh. A suicide note was cited in support of the FIR. Allowing Singh's appeal, the Supreme Court pointed out that the FIR itself was registered 24 days after the death of Joshi. Moreover, it did not disclose any specific offence against the appellant. “We could not find anything in the FIR or in the so-called suicide note which could be suggested as abetment to suicide”, the Bench said and quashed the proceedings.

http://www.thehindu.com/news/national/article580788.ece

full text can accessed at

http://legalmanthan498adowrymisuse.blogspot.com/2010/08/throw-out-baseless-allegations-in.html