51 in the case of orilal jaiswal supra the apex court

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husband treated the deceased-wife with cruelty is not enough. 51. In the case of Orilal Jaiswal (supra), the Apex Court observed that court is also required to consider if the victim committing suicide was hyper-sensitive to the ordinary petulance, discord and differences in domestic life. 52. The dying declaration i.e. the Ext. No. 12 and 13 reveals that the deceased, on being restrained from going to Kolkata to attend the conference, took her life to be meaningless and decided to end her life. Admittedly she was the lone lady member 09-11-2019 (Page 11 of 14) National Law University Jodhpur
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deputed by her employer. In the said circumstance the husband's refusal to allow his wife to go to Kolkata, cannot be deemed to be reasonable ground for treating the life as meaningless one and therefore to take the path of suicide. It appears that the deceased was to some extant hyper sensitive and sentimental. The dying declaration aforesaid indicates that the deceased, on being restrained firom going to Kolkata lost her normal frame of mind and being over come by unusual psychological imbalance lost all hopes and aspirations for living and thus decided to end her life by committing suicide. 53. In the case of Shamnsaheb M. Multtani v. State of Kamataka (supra), the Apex Court noting the difference in the legal position between the offences under Section 304B IPC and 306 IPC observed as follows in paragraph Nos. 29 and 30. 29. At this stage, we may note the difference in the legal position between the said offence and Section 306 IPC which was merely an offence of abetment of suicide earlier. The section remained in the statute-book without any practical use till 1983. But by the introduction of Section 113A in the Evidence Act the said offence under Section 306 IPC has acquired wider dimensions and has become a serious marriage-related offence. Section 113A of the Evidence Act says that under certain conditions, almost similar to the conditions for dowry death the court may presume having regard to the circumstances of the case, that such suicide has been abetted by her husband etc. When the law says that the court may presume the fact, it is discretionary on the part of the court either to regard such fact as proved or not to do so, which depends upon all the other circumstances of the case. As there is no compulsion on the court to act on the presumption the accused can persuade the court against drawing a presumption adverse to him. 30. But the peculiar situation in respect of an offence under Section 304B IPC, as discernible from the distinction pointed out above in respect of the offence under Section 306 IPC is this: Under the former the court has a statutory compulsion, merely on the establishment of two factual positions enumerated above, to presume that the accused has committed dowry death.
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