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Supreme Court of India 2018-10-04 dismissed

Kanailal Sarkar vs State of West Bengal

Bench: 2 — Banumathi

In Brief

A father-in-law was convicted of abetting his daughter-in-law's suicide under Section 306 IPC after she died from burns inflicted during harassment. The High Court reversed the trial court's murder conviction, instead finding abetment of suicide based on evidence of torture. The Supreme Court upheld the abetment conviction, noting the dying declaration clearly described the appellant setting her on fire with kerosene. Although this evidence could technically support a murder charge, the State did not appeal the acquittal under Section 302, so the Court upheld the lesser conviction under Section 306.

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Criminal Law Abetment of Suicide Murder Evidence Dying Declaration Domestic Violence

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