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TMI Blog2009 (1) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... 98A of the Indian Penal Code, 1860 (in short the 'IPC') and Section 3 of the Dowry Prohibition Act, 1961 (in short 'DP Act'). Learned Additional Sessions Judge, Court No. 9, Ahmedabad City imposed sentences of 3 years, 10 years and 5 years respectively for the aforesaid offences and fine of Rs. 5,000/- Rs. 20,000/- and Rs. 20,000/- with default stipulations. 3. Prosecution version in a nutshell is as follows: The accused married Kantaben (hereinafter referred to as the 'deceased') in 1989. Soon after two years of his marriage, the accused started inflicting mental and physical torture on her and she was taunted by the accused for not bringing sufficient dowry in the marriage. He also demanded from the victim an am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as Sections 3 and 7 of the DP Act. He was produced before the Metropolitan Magistrate, Ahmedabad, who in turn committed the case to the Sessions Court under Section 209 of the Code of Criminal Procedure, 1973 (in short the 'Code') as the case was exclusively triable by the Sessions Court. As the accused persons pleaded innocence trial was held. Seventeen witnesses were examined to further the prosecution version. The trial court found that the letters written by the accused clearly established the demand of dowry and further the suicide was clearly abetted by the acts and conduct of the appellant. Accordingly, the conviction was recorded and sentences were imposed as aforestated. In appeal, the High court concurred with the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, and shall also be liable to fine. 9. Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing it required before a person can be said to be abetting the commission of offence under Section 306 of IPC. 10. In State of West Bengal v. Orilal Jaiswal 1994 CriLJ 2104 this Court has observed that the courts should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 offence 12. In cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. The mere fact that the husband treated the deceased-wife with cruelty is not enough. [See Mahinder Singh v. State of M.P. 1995 AIR SCW 4570]. 13. The aforesaid aspects were highlighted in Kishori Lal v. State of M.P. AIR 2007 SC 2457, Randhir Singh and Anr. v. State of Punjab AIR 2004 SC 5097 and Criminal Appeal No. 1464 of 2007 (Sohan Raj Sharma v. State of Haryana 2008 CriLJ 2569 d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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