Supreme Court · 2001 INSC 515 · Decided 17 October 2001
Ramesh Kumar v. State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2001 INSC 515 · [2001] SUPP. 4 S.C.R. 247
- Case number
- CRIMINAL APPEAL No. 617/2000
- Decided
- 17 October 2001
- Bench
- A.S. ANAND, R.C. LAHOTI, K.G. BALAKRISHNAN (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 107, 306; Evidence Act
Headnote
B Penal Code 1860 : Sections 107 and 306-Abetment-Meaning of-Instigation-A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation-A reasonable certainity to incite the consequence must be capable of being ~pelt out-In suicide-Hence, conviction under Section 306 set aside. c Sections 498-A and 306 : Distinction between-Merely because an ac- D cused held liable to be punished under Section 498-A it does not.follow that on the same eviden.ce he must also and necessarily be held guilty of having abetted commission
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