Indian Penal Code, 1860 (45 of 1860), Section 306 – Abetment of suicide – Dowry death – For the offence under Section 306, IPC the prosecution needs to first establish that a suicide has been committed – Secondly, prosecution must also prove that the person who is said to have abetted the commission of suicide, has played an active role in the same – With respect to this latter requirement, Section 113-A, evidence Act creates a presumption against the husband and/or his relative with respect to the abetment of suicide of a married woman, under certain conditions – Not going into the other conditions, a perusal of the provision indicates that such presumption shall be attracted only if the factum of suicide has been established by the prosecution first – There was insufficient evidence to prove the factum of suicide beyond reasonable doubt, the presumption under Section 113-A, Evidence Act, is not of much help for the prosecution – The essential ingredient of deceased committing suicide has not been proved by the prosecution by adducing sufficient evidence – Prosecution has failed to establish that the death occurred due to suicide – Conviction under Section 306, IPC set aside –
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