The High Court rejected the State's prayer for leave to appeal in a maintenance and abetment-to-suicide case where the trial court acquitted the respondent due to lack of evidence and limitation issues.
Leave to appeal against the order of the Sessions Judge acquitting the respondent is rejected; Cr.M.P. stands dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 709 of 2018
---- Petitioner
Versus
---- Respondent
For Petitioner/State : Shri S.K. Mishra, Panel Lawyer
Hon'ble Shri Justice Ram Prasanna Sharma Order on Board
13/9/2018
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the respondent of the charges under Section 306 and 498-A of the I.P.C.
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committed suicide on account of any instigation or intentionally aiding for the same by the respondent.
Therefore, a person said to have abetted, doing of a thing when he or she instigate any person to do so with any other means of abetment besides instigating are conspiracy and intentionally aid the commission and it is sometime more than co-operation.
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498-A I.P.C. as per Section 468 Cr.P.C. cognizance for offence under Section 498-A I.P.C. cannot be taken after 3 years of the date of commission of offence. In the present case date of commission of offence under Section 498-A I.P.C. is not clear, therefore, the trial Court opined that the offences are not established. Considering the facts and circumstances of the case, this Court is of the view that the trial Court has evaluated the evidence in its entirety and this Court has no reason to interfere with the finding recorded by the trial Court. Accordingly, the prayer for leave to appeal is rejected.
10. Consequently, Cr.M.P. stands dismissed.
Sd/
(Ram Prasanna Sharma)
Judge
sunita
3 issues framed by the court
Whether leave to appeal under Section 378(3) Cr.P.C. should be granted against the acquittal of the respondent.
Whether the prosecution has established abetment to suicide under Section 306 IPC and cruelty under Section 498-A IPC.
Whether the trial court's finding on the evaluation of evidence and limitation under Section 468 Cr.P.C. warrants interference.
Colour shows how this judgement treated each authority
State of Haryana Vs. Chandra Mani & Ors.Relied on¶14
State of Haryana Vs. Chandra Mani & Ors., (1996) 3 SCC 132 · Who else cites this
3 provisions across 2 enactments
State Of Chhattisgarh Through The Incharge Police Station Lalbag, District Rajnandgaon Chhattisgarh
Khuman Sahu S/o Sudama Sahu
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
