LAW FOR ALL

Section 306 IPC- found not guilty of the offence punishable under Section 306 IPC and were, accordingly, acquitted of the said offences. The appeal against the first respondent-accused No.1 is abated as died.= What is abetment is defined under Section 107 of Indian Penal Code. To constitute the offence of abetment under Section 107 IPC., there must be an intentional aiding or conspiracy or instigation by the accused for doing of a thing. All the material witnesses turned hostile and did not support the case of the prosecution. As such, Ex.P-9-dying declaration of the deceased only remains on record. There cannot be any dispute that once the dying declaration is found to be true, correct and trustworthy and it is not an outcome of tutoring, the law is well settled that it can be acted upon. A conviction can be based solely on the dying declaration. A statement given by a person either verbal or written given by a person as to the cause of his death or any one of the circumstances resulting in his death, is admissible in evidence when the cause of death of such person comes in question, per Section 32 (1) of the Indian Evidence Act, 1872. In Ex.P-9-dying declaration the deceased stated one word that due to the harassment of A-3, she committed suicide. But, she did not state as to the nature of harassment of A-3. She survived for about one month after the incident.