Penal Code, 1860–Secs. 306 & 498-A–Scope–Merely because an accused is found guilty of an offence punishable u/s. 498-A and the death has occurred within a period of seven years of the marriage, he cannot be automatically held guilty for the offence punishable u/s. 306, IPC by employing the presumption u/s. 113-A of the Evidence Act–Unless the prosecution establishes that some act or illegal omission by the accused has driven the deceased to commit the suicide, the conviction u/s. 306 would not be tenable.


