(A) Indian Penal Code, 1860 Sections 306 and 420—FIR alleging abetment of suicide and cheating—The Supreme Court upheld the High Court's decision to quash proceedings under Section 306 of the IPC, which deals with abetment to suicide—The High Court ruled that there was no sufficient proximity between the alleged acts of instigation and the suicide, leading to a lack of a reasonable nexus between them—The Supreme Court agreed, emphasizing that for Section 306 to apply, there must be clear evidence that the accused's actions directly contributed to the victim's decision to take their own life—In this case, such a connection was not established. (Paras 13 to 15) (B) Indian Penal Code, 1860 Section 420—FIR alleging cheating—The Supreme Court set aside the High Court's deci...
Penal Code, 1860—Section 306—The offence of abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused either instigated the deceased to commit suicide, engaged in a conspiracy, or intentionally aided the act, as defined under Section 107 IPC—The accused's actions must exhibit clear mens rea, with a positive act that pushed the deceased into a position where suicide seemed like the only option—Evidence such as routine quarrels, verbal abuse, occasional physical altercations, or demands for money in a romantic relationship is generally insufficient to prove abetment under Section 306 IPC—Hypersensitivity of the deceased to minor relationship discord cannot be the basis for conviction—Unless there is clear evidence of a direct, ongoing course of conduct by the accused aim...
Penal Code, 1860—Sections 306—For a conviction of abetment of suicide, the prosecution must prove beyond reasonable doubt that the accused intentionally instigated or aided the deceased in committing suicide—The prosecution must demonstrate a proximate act of abetment, with a definite mens rea, compelling the deceased to end their life—Merely presenting bald allegations or evidence of marital discord unrelated to the accused, or submitting unverified suicide notes or diaries, is insufficient—The existence of such documents alone does not establish the accused’s direct involvement unless their authorship is proven—In cases where alleged writings of the deceased (suicide notes, diaries) are pivotal, the prosecution must establish the authorship through admissible evidence, such as forensic analysis ...
The appellant-complainant and the State have filed appeals under Section 372 r/w Section 378 of the Code of Criminal Procedure, 1973, challenging the acquittal of accused persons Bhiknath, Bhanwar Nath, and Vari Devi by the trial court on 09.12.2014—The accused were acquitted of charges under Section 306 of the Indian Penal Code for abetting the suicide of Dinesh @ Bhupendra Nath, who died by hanging on 01.01.2006—Despite the recovery of a suicide note and diary from the deceased, the trial court found that these documents were not conclusively linked to the deceased due to the absence of forensic analysis—The court also noted a lack of direct evidence proving that the accused had incited or abetted the suicide—The prosecution's claims were further weakened by inconsistencies in witness testimonies and the abse...
Indian Penal Code, 1860—Sections 498A and 306—Conviction Set Aside—Requirements of Specific Allegations and Evidence of Abetment—In appeals challenging conviction under Sections 498A and 306 IPC, the High Court reversed the trial court’s judgment, emphasizing the legal necessity of specific and substantiated allegations to sustain charges of cruelty and abetment of suicide—The prosecution’s case was based on vague, omnibus accusations of dowry harassment, lacking particular instances, dates, or corroborative evidence to demonstrate acts of cruelty as defined under Section 498A—Furthermore, the evidence failed to establish the requisite mens rea or instigation by the accused necessary to attract Section 306 IPC—The Court held that mere occurrence of suicide within seven years of marriag...
The quashing of an FIR under Sections 306 and 107 of the Indian Penal Code (IPC) and Sections 3(1)(g), 3(1)(r), and 3(1)(y) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the court emphasized the need for clear evidence of abetment in suicide—To establish an offence under Section 306 IPC, there must be direct or indirect acts of instigation, intentional aiding, or conspiracy that demonstrate a clear intention to push the deceased towards suicide—Mere allegations of harassment or disputes without concrete actions directly compelling the suicide are insufficient—Additionally, to sustain charges under the SC/ST Act, the prosecution must prove specific intent on the part of the accused to humiliate the victim based on caste, and that the humiliation occurred in public view—In the abs...
Penal Code, 1860—Sections 107, 306—Abetment of Suicide—Requirement of Proof of Instigation or Aiding—Under Section 306 of the Indian Penal Code (IPC), the offence of abetment of suicide requires clear evidence of instigation, intentional aiding, or conspiracy that directly led to the victim's suicide—The Court clarified that mere allegations of harassment or pressure are insufficient to establish abetment of suicide—Section 107 IPC defines abetment, emphasizing that the accused must have the intention to provoke or encourage the deceased to take their life—The prosecution must prove that the accused’s actions directly caused the suicide, leaving the deceased with no other alternative—In the absence of such evidence, the Court ruled that vague allegations of harassment cannot suppor...
Quashed. Reinvestigation ordered. (A) Criminal Procedure Code, 1973—S.482—Quashing of charge sheet—Offence of Abetment of suicide—Relying upon the "First Information", without any investigation from any other angle, the Charge sheet is filed—None of the ingredients required in law to make out a case under Section 306 IPC to be even remotely mentioned in the charge-sheet or are being borne out from the material on record—The utterance attributed to the appellants assuming it to be true cannot be said to be of such a nature as to leave the deceased Tanu with no other alternative but to put an end to her life—FIR and charge sheet quashed. (Para 21) (B) Criminal Procedure Code, 1973—S.173—Further investigation, suo motu directions—In the petition for Quashing of ch...
Penal Code, 1860 (IPC)—Sections 498A—In a case involving Sections 498A (Cruelty) and 306 (Abetment to Suicide) of the Indian Penal Code, 1860, the appellant was acquitted due to inconsistencies in the evidence, particularly the deceased's dying declarations—The court found that the second dying declaration, which implicated the appellant, was unreliable, likely influenced by the deceased's relatives, and did not establish clear evidence of abetment—The court also noted that the prosecution failed to prove the essential elements of abetment under Section 107 of the IPC—The court emphasized that for a conviction under Section 498A, the cruelty must be of such a nature that it compels the victim to commit suicide—Mere suspicion or verbal altercations, without evidence of substantial cruelty, do not...
Anticipatory Bail—Section 482 Bhartiya Nagrik Suraksha Sanhita, 2023—Abetment to Suicide Allegation—The applicant sought anticipatory bail in connection with Crime No. 05/2025 registered under Section 107 of the BNS, alleging abetment to suicide—The prosecution claimed the applicant pressured the deceased, a junior sportsman, over suspicion of theft, leading to his suicide—The applicant contended that mere suspicion and confrontation over stolen money do not constitute abetment, asserting his innocence—The court noted both parties were young athletes and acknowledged the emotional impact of the incident—However, it found no prima facie evidence indicating the applicant intentionally created unbearable circumstances compelling the deceased to commit suicide—The court emphasized balancing emot...
Discharged. Penal Code, 1860 (IPC)—S.306—Offence of abetment of suicide—Appeal to impugn dismissal of Discharge Application—Accused is money lender—Incident is demanding repayment of loan—Viewed from the armchair of the appellant, the exchanges with the deceased, albeit heated, are not with intent to leave the deceased with no other option but to commit suicide—This is the conclusion taking a realistic approach, keeping the context and the situation in mind. Strangely, the FIR has also been lodged after a delay of two months and twenty days—Case against the appellant is groundless for framing of a charge under Section 306—Hence, discharged the appellant from proceedings in Sessions Case. (Paras 19,21) Result:- Appeal allowed. ...
Penal Code, 1860 (IPC)—Section 306—Abetment to Suicide—The Applicant, Accused No. 1 in FIR No. 0251 of 2024 registered at Sion Police Station, challenges the invocation of Sections 306 (abetment of suicide) and 34 (common intention) of the Indian Penal Code (IPC)—The Applicant contends that no specific act of abetment can be attributed to him, and the FIR is a false allegation—He argues that the delay in lodging the FIR (38 days), absence of direct connection between his actions and the deceased's suicide, and the lack of any clear instigation or abetment warrant quashing of the FIR—The prosecution relies on the suicide note and evidence indicating a threatening phone call made by the Applicant to the deceased, which allegedly triggered the suicide—The Court distinguished the present case from...
Indian Penal Code, 1860—Sections 306 and 498A; Dowry Prohibition Act, 1961—Section 4—Abetment of Suicide—Presumption under Section 113B of the Evidence Act, 1872—Conviction Set Aside—The appellant, brother-in-law (Jeth) of the deceased, was convicted under Sections 306 and 498A IPC and Section 4 of the Dowry Prohibition Act for abetment of suicide and cruelty—The deceased committed suicide by self-immolation due to alleged dowry harassment—The courts below heavily relied on the presumption under Section 113B of the Evidence Act—The Supreme Court held that for invoking Section 113B, cogent evidence of harassment or abetment is a prerequisite—In the absence of evidence directly linking the appellant to harassment or instigation, the presumption cannot apply—Additionally, no c...
Acquitted. Penal Code, 1860 (IPC)— Sections 306, 506, 114 [Bharatiya Nyaya Sanhita, 2023—Sections 108, 351 (2)/ (3), 54——Abetment of suicide—Deceased had an Affair with one Accused's wife—Dying declaration of the victim and a chit, purportedly recovered from the victim's trouser and written by him, implicating the appellants as persons who had provoked him to put an end to his life while alleging that he was involved in an extra-marital affair with the wife of one of the Accused—Court read the dying declaration, available at page 6 of the application for additional documents—Also, the contents of the chit (in Gujarati) have been read out and translated to us by Mr. Mody, learned senior counsel, who is present in Court—Even accepting that there is absolutely no doubt with reg...
Penal Code, 1860 (IPC)—Section 306—Abetment to Suicide—The applicant has filed a criminal revision under section 397 and Section 401 of the Code of Criminal Procedure, aggrieved by the First Additional Sessions Judge's order in Sessions Case No. 101/2017, where charges under Section 306 and 201 of the IPC have been framed—The case involves a student named Priti Yadav who committed suicide by jumping from the roof of Kamla Nehru Public Higher Secondary School, Kharsia, due to non-deposition of re-admission and monthly fees—The applicant and co-accused Sushil Kumar Bhanwar were charged under Section 306,34 of the IPC—The applicant argues that the Sessions Judge failed to appreciate the fact that no offence under Section 306, 34, and 201 of the IPC is attracted against the applicant—He also argue...
Discharged. (A) Penal Code, 1860 (IPC)—S.306 , S.34 , S.107—Bhartiya Nyaya Sanhita, 2023, BNS—S.108 , S.3(5) , S.47—Appeal by Accused—To impugn the order which dismissed the Application for discharge—Prosecution has failed to prima facie establish that the appellants had any intention to instigate or aid or abet the deceased to commit suicide—No doubt that a young woman of 25 years has lost her life in an unfortunate incident—However, in the absence of sufficient material to show that the appellants had intended by their words to push the deceased into such a position that she was left with no other option but to commit suicide, continuation of criminal proceedings against the appellants would result in an abuse of process of law. (Para 37) (B) Constitution of India, Article 136—...
Acquitted. Indian Penal Code, 1860—Sections 417, 376, and 306 [Bhartiya Nyaya Sanhita, 2023, Sections, 318 (2), 64, 108]—Appeal by Convict—Offence of Abetment of suicide of lover girl—It is only a case of broken relationship which by itself would not amount to abetment to suicide—The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide—Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide—Even ...
Penal Code, 1860—Section 306 read with Section 34—Abetment of Suicide—Appreciation of Evidence—Appeals were filed against the acquittal of the accused by the Additional Sessions Judge, Fast Track Court, Shimla, in a case under Section 306 read with Section 34 IPC—The case arose from the suicide of Vikas, a computer repair shop owner, allegedly driven by depression after his wife Sonia left the matrimonial home and her father, Swaroop Singh, issued threats—The prosecution relied on a suicide note, witness testimonies, and circumstantial evidence, including the discovery of Nuvan pesticide at the scene—The Trial Court acquitted the accused, finding the evidence insufficient to establish abetment—Statements by witnesses, including the deceased's relatives, were deemed general and lacking th...
Penal Code, 1860 (IPC)—Section 306—The appeal is against a judgment passed by the learned Additional Sessions Judge (I), Kangra at Dharamshala, H.P., which acquitted the respondents of an offense punishable under Section 306 read with Section 34 of the Indian Penal Code—The facts of the case involve a deceased driver, Kamaljeet Singh, who was abused by his mother Sheela Devi and sister Harindera Kumari—The deceased woke up, poured kerosene oil on himself, and set himself on fire—His wife Santosh Devi also suffered injuries—Kamaljeet Singh's medical examination revealed 95% burns, and he was referred to Dr. Rajendra Prasad Government Medical College, Tanda—The post-mortem examination revealed antemortem burn injuries, and a post-mortem report was issued—The case was assigned to the learne...
Penal Code, 1860 (IPC)—Sections 498A—The appellant was acquitted of charges under Sections 304B, 306, and 498A of the IPC, relating to dowry death, abetment of suicide, and cruelty—The prosecution failed to prove essential elements such as active abetment or continuous cruelty soon before the deceased’s death—The testimonies of prosecution witnesses were inconsistent and lacked concrete evidence linking the appellant to the offences—Additionally, defense witnesses corroborated the appellant's claims of a cordial relationship—The Court emphasized that suspicion or indirect allegations cannot sustain a conviction under these provisions—The conviction was set aside, and the appellant was acquitted, with the order for release if not required in any other case. ...
Penal Code, 1860 (IPC)—Section 306—The accused in SC No.136 of 2006, on the file of Additional Sessions Judge/Special Judge for NDPS Act cases, Thodupuzha, challenged his conviction and sentence under Section 498A of IPC—The accused was originally charged under Section 306 of IPC, which was that he abetted the suicide of the deceased Smt. Jancy. After a trial, the trial court found no sufficient evidence to prove that the accused abetted the suicide, and he was acquitted—However, the prosecution's testimony showed that the accused subjected his wife to cruelty both mentally and physically, which would attract an offence punishable under Section 498A of IPC—The accused was convicted under Section 498A and sentenced to simple imprisonment for two years, a fine of Rs. 15,000/-, with a default sentence of sim...
Penal Code, 1860 (IPC)—Section 306—The court addressed the petitioners' challenge to a summoning order under Section 306 of the IPC, following the self-immolation of the deceased, who left a suicide note attributing blame to the petitioners for harassment—The petitioners contended that there was no direct causation linking their actions to the suicide, highlighting the closure of previous complaints against them—The respondents argued that the harassment directly led to the suicide, supported by the suicide note and dying declarations—The court quashed the summoning order, emphasizing the lack of sufficient evidence establishing a direct link between the petitioners' conduct and the suicide, as well as the temporal gap between the termination of the deceased's employment and her death—It rei...
Accused under Sections 306, 379, and 34 IPC, challenged the framing of charges for abetment of suicide—The court examined the allegations, which indicated that the petitioner had taken ₹1,00,000 from the deceased, Rajveer, under the pretext of purchasing a goat—Following an incident involving Rajveer's unconsciousness, he subsequently committed suicide—The court noted that the essential elements for abetment under Section 306 IPC require evidence of the accused’s intention to instigate or aid the suicide, which was absent in this case—It determined that the mere pressure from financial loss does not constitute abetment—Consequently, the charge under Section 306 IPC was set aside, although the petitioner would still face trial under Section 379/34 IPC—The revision was partly allowed, emphasiz...
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—The applicant was accused of abetting the suicide of a subordinate who allegedly faced workplace discrimination and harassment—The core issues were whether the applicant's actions constituted abetment of suicide under Section 306 of the IPC and if the provisions of the SC/ST (Prevention of Atrocities) Act, 1989, were applicable—The applicant contended there was no direct evidence of harassment, that the FIR was delayed, and that the suicide resulted from personal reasons—The respondents argued that evidence, including the deceased’s diary, indicated continuous harassment by the applicant—After reviewing the evidence and relevant judgments, the court found that the essential elements of abetment of suicid...
Penal Code, 1860 (IPC)—Sections 498-A and 306—Cruelty and Abetment of Suicide—Dowry Demand Allegations—Lack of Evidence to Prove Harassment and Abetment Beyond Reasonable Doubt—In a case concerning the alleged harassment of a woman for dowry and her subsequent death by poisoning, the prosecution failed to establish beyond a reasonable doubt that the deceased was subjected to cruelty as defined under Section 498-A IPC or that there was any abetment of suicide under Section 306 IPC—Witnesses, including the deceased's family, mentioned dowry demands but could not provide evidence of continuous harassment or coercion—Neighbors and independent witnesses testified to a peaceful relationship between the deceased and the accused—The medical evidence was inconclusive regarding the cause of death,...
Discharged from trial. Indian Penal Code, 1860, Sections 107 and 306—Discharged from trial for the offences of Abetment of suicide—Accused is widow of deceased—After carefully considering the facts and evidence recorded by the courts below and the legal position established through statutory and judicial pronouncements, there is no proximate link between the marital dispute in the marriage of deceased with appellant and the commission of suicide—Prosecution has failed to collect any evidence to substantiate the allegations against the appellant—Appellant has not played any active role or any positive or direct act to instigate or aid the deceased in committing suicide—Neither the statement of the complainant nor that of the colleagues of the deceased as recorded by the Investigating Officer dur...
Penal Code, 1860 (IPC)—Section 306—Acquittal in Abetment of Suicide Case—Respondent-Hem Raj acquitted of wife's suicide—State challenges judgment, citing failure to consider harassment evidence—Defence argues allegations speculative—High Court examines mens rea requirement for abetment under IPC Section 306, cites Supreme Court precedents—Emphasizes clear intention for instigation—Trial Court's reasonable view upheld, no interference warranted." ...
Penal Code, 1860 (IPC)—Sections 306, 506—A compromise between the parties—It emphasized the need to prevent abuse of the legal process while considering the seriousness of the offence and its impact on society—The court examined the allegations and antecedents of the accused and referenced Supreme Court judgments to justify its decision—It underscored the importance of ensuring that the quashing of proceedings does not undermine the ends of justice or amount to an abuse of process—The court's decision was guided by legal principles established in previous judgments, ensuring consistency and adherence to established precedents. ...
Penal Code, 1860 (IPC)—Sections 306 and 34—Quashing the FIR and subsequent proceedings, the court applied the principles of proximate link and intentional instigation from State of Haryana vs Ch. Bhajan Lal—It emphasized the necessity of a positive act by the accused to aid or instigate suicide, dismissing mere allegations without specific incidents as insufficient—The court underscored the importance of assessing the accused's actions through the lens of a normal person's reaction to harassment—It emphasized that charges cannot hinge on potential future evidence and highlighted the need to consider the Bhajan Lal guidelines when exercising the power to quash FIRs under Section 482 CrPC—The judgment elucidated exhaustive categories warranting such power, including cases where allegations, even i...
Penal Code, 1860 (IPC)—Section 306—Abetment of suicide—Arguing biased investigation and lack of evidence—The trial court classified witnesses, but crucial testimonies conflicted—The appellant’s version differed from witness accounts—The appellant's actions post-incident were noted, including attempts to douse flames—Contradictions in witness statements, especially regarding the appellant's involvement, raised doubts—The deceased's statement, exonerating the appellant, was crucial—With no independent corroboration and influenced witnesses, the prosecution failed to prove abetment beyond doubt—Thus, the appellant was acquitted due to insufficient evidence, and the conviction was overturned—The judgment underscores the importance of corroborated evidence and ...
Penal Code, 1860 (IPC)—Section 306—Abetment of suicide—Appellant's conviction under IPC Section 306, concerning his wife's suicide allegedly due to cruelty—Despite a marriage spanning over seven years, the court questions the applicability of Section 113A of the Evidence Act—The appellant's counsel challenges the evidence of cruelty, highlighting discrepancies in witness testimonies and the appellant's absence during the incident—The State contends that the appellant's regular intoxication and abuse constituted cruelty—However, the court acquits the appellant, citing a lack of mens rea and direct evidence linking him to the alleged abetment—It emphasizes the discrepancies in witness statements and the absence of clear evidence of cruelty—Legal analysis considers def...
Penal Code, 1860 (IPC)—Section 306—First and second accused, respectively, seek anticipatory bail in a case alleging abetment of suicide under Section 306 of the IPC—The prosecution contends that the accused, both Assistant Public Prosecutors, contributed to the suicide of a colleague—The court heard arguments from both sides, emphasizing the need for thorough investigation—The suicide note, detailing workplace strain, implicates the accused, but their intention to abet suicide is pivotal—While acknowledging the seriousness of the allegations, the court grants anticipatory bail, requiring the accused to cooperate with interrogation and investigation—Conditions include appearance before the Investigating Officer, bail bonds, non-interference with witnesses, and restriction from leaving the country&...
Quashing of Trial—Indian Penal Code, 1860, Section 306—Criminal Procedure Code, Section 482—Inherent jurisdiction petition to quash trial for abetment of suicide—Motive of, not to vacate from house owned by deceased—Taking the suicide note as it is, the same does not help the prosecution at all, especially when there is no evidence on record to show that the appellant was in touch with the deceased—There were no acts of incitement on the part of the appellant proximate to the date on which the deceased committed suicide—No act is attributed to the appellant proximate to the time of the suicide which was of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide—Therefore, no offence is made out against the appellant. (Paras 9, 11) Re...
Penal Code, 1860 (IPC)—Section 306—Abetment of suicide—Abetting her husband's suicide due to poor behavior towards in-laws and neglecting household duties—The main legal issue is whether her actions constitute abetment under Section 306 of the IPC—The petitioner argues that the allegations, even if true, don't amount to abetment—The respondents claim her harassment led to the suicide—The court examines abetment definitions and relevant case law to assess the applicant's role—Analyzing legal definitions and Supreme Court precedents, the court finds the allegations trivial and not meeting legal requirements for abetment—Consequently, the applicant is discharged from the charges—This ruling underscores the importance of legal standards in determining abetment and the nee...
Indian Penal Code, Sections 498-A, 306 r/w 34—Appeal by Mother-in-law and sisters-in-law in the offence of abetment of Suicide—Suicide by burning with kerosene oil and dying declaration accusing the appellants—Evidence of all other prosecution witnesses is also reappreciated by the High Court—Though there is oral dying declaration to PW4 Jitendra, it is merely about accused persons abusing—In the considered opinion of this Court, the cumulative effect of evidence of PW3 Banti, PW4 Jitendra, PW5 Aba and PW6 Pratap is that, it is doubtful whether said episode in the morning of 09.01.2002 can be said to be the trigger point abetting suicide—It is settled law that to attract abetment, prosecution has to demonstrate and establish existence of essential ingredients—There is nothing to infer that the har...
(A) Penal Code, 1860—Section 306 —Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing—Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained—Appeal Allowed. (Para 21[44]) (B) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989—Section 3(2)(v)—Abetment of suicide—Necessary ingredients—It is not in dispute that the aforesaid suicide note is the only foundation of the charge-sheet filed against the accused appellant—The accused appellant approached the High Court by filing an application under Section 482 CrPC for quashing of the charge sheet and proceedings of the criminal case registered against him—The said application was r...
(A) Penal Code, 1860—Section 306—Abetment of Suicide—Conviction and sentence—On 05.07.2000 at about 09:00 AM, the deceased was returning home after dropping the children of her sister in the school—When she had reached near the Canara Bank, the appellant was waiting there and teased her to marry him—Appellant threatened her that if she did not agree to marry him, he would destroy the family of her sisters, outrage their modesty and would kill them—After she reached home, she consumed poison in the house—Do not find any evidence on the basis of which we can hold the appellant guilty of abetting the suicide of the deceased—While the death of a young woman is certainly very tragic, it cannot be said with any degree of certainty that suicide has been proved; the other essential ingredient ...
Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Bail Application—Accused of abetting his wife's suicide, argued innocence, claiming mutual consent for divorce and weak evidence—Respondents, including authorities and the deceased's mother, alleged harassment, torture, blackmail, and forced illicit relations for dowry—They presented statements from the deceased's minor daughter, the deceased's answer sheet, and a video supporting cruelty claims—The court denied the bail application, deeming allegations serious and fearing the petitioner's influence on the minor daughter—The court directed the trial court to expedite proceedings and record the minor daughter's statement—This decision emphasizes the seriousness of abetment of suicide allegations and highlight...
(A) Penal Code, 1860—Sections 306, 107—Abetment to Suicide—Acquittal—Court Rejects Allegations: In a case involving abetment to suicide, the court ruled against the appellants, who were accused of instigating the deceased's suicide due to a loan dispute—The incident of abuse and assault occurred more than two weeks before the suicide, as per the complaint filed by the deceased's wife—The suicide note, written three days before the suicide, did not implicate the appellants in any subsequent actions—The court held that the alleged acts lacked the required proximity to the suicide date to be considered instigation—Notably, the deceased's suicide note primarily blamed his wife for the predicament, absolving the appellants of direct involvement. (Para 10) (B) Penal Code, 1860&...
Dowry Prohibition Act, 1961—Section 3—Abetment of Suicide—Conviction Based on Insufficient Evidence—The conviction of the accused under Section 306 IPC for abetment of suicide was set aside due to insufficient evidence of instigation or intentional aiding of the deceased's suicide—The essential element of abetment under Section 306, as defined in Section 107 IPC, requires proof of direct instigation, conspiracy, or intentional aid—Mere relationship disputes or emotional distress do not constitute abetment unless a clear nexus between the accused's actions and the suicide is established—The deceased's suicide note (Ex.P2) expressed personal feelings of distress but did not implicate the accused in provoking or encouraging the act—The testimonies of witnesses (PWs1, 8, and 10) rega...
Criminal Procedure Code, 1973—Section 439—Bail Rejected—Abetment of Suicide—Sexual Harassment: The petitioner sought bail in connection with Crime No. 304/2018 under Section 306 of IPC, for abetting the suicide of a woman—The deceased's father initially stated she committed suicide due to illness, but later, her husband discovered a diary indicating that the petitioner had sexually harassed, extorted money, and threatened the deceased with harm to her family, leading to her suicide—The petitioner argued there was no direct evidence and highlighted delays in submitting the diary—However, the court noted the severity of the allegations, including sexual exploitation and threats to kill the deceased's family—Despite the delay in the complaint, the court held that the accusations were se...
Criminal Procedure Code, 1973 (Cr.P.C.)—Section 482—Indian Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Prima Facie Case of Provocation by Wife—Petition for Discharge Dismissed—In this case, the petitioner-wife sought discharge from charges under Section 306 IPC, alleging that there was no prima facie case of abetment in her husband’s suicide—The petitioner argued that the deceased's death note indicated only a general sense of depression without establishing direct instigation or provocation from her end—Relying on case precedents, she argued that mere words in moments of emotional strain do not constitute "instigation" under Section 107 IPC—However, the court, while dismissing the petition under Section 482 Cr.P.C., observed that the death note and...
Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Abetment to Suicide—Section 306 IPC—In a petition under Section 439 CrPC, the petitioner sought bail for alleged offenses under Sections 323 and 306 of IPC—The prosecution alleged that the petitioner, having an illicit relationship with the deceased, verbally abused her and told her to "go and die," leading to her suicide—The petitioner argued that mere utterance of these words without any mens rea does not constitute abetment to suicide under Section 306 IPC—Citing the Supreme Court ruling in Sanju @ Sanjay Singh Senger v. State of M.P., the court held that words uttered in a fit of anger, without intent to instigate suicide, do not amount to abetment—As the charge sheet had been filed and investigation was complete, the ...
Indian Penal Code, 1860—Sections 143, 354(A), 306, 506 read with Section 149—Protection of Children from Sexual Offences Act, 2012—Sections 8, 12—Regular Bail—Abetment of Suicide—The petitioner, accused No. 7, sought regular bail under Section 439 of Cr.P.C. in a case involving the suicide of a minor girl, allegedly due to sexual harassment by accused No. 1—The petitioner was accused of threatening the victim's father but had no direct involvement in the harassment—The Court noted that the main allegations were against accused No. 1 and that the petitioner’s alleged act of cautioning the complainant did not prima facie constitute abetment of suicide—Since the matter required trial, and no further custodial interrogation was needed, the petitioner was granted bail on condition...
Indian Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Acquittal—The accused was convicted under Section 306 IPC for abetting the suicide of the deceased, linked to a family property dispute—The prosecution alleged that ongoing tensions, including a criminal complaint lodged by the accused, led to the deceased's mental strain and subsequent suicide—However, key witnesses, including the deceased's brothers, could not establish any direct acts of harassment, threats, or instigation by the accused—The court found that mere existence of a dispute or criminal proceedings is insufficient to prove abetment—Citing legal precedents requiring a higher threshold of proof for Section 306 convictions, the court ruled that the prosecution failed to establish the accused's involvement in...
Penal Code, 1860—Sections 498A and 306—Arms Act, 1959—Section 30—Cruelty and abetment of suicide—Reversal of acquittal order by High Court–Justification of–Letter has not been proved to have been written by the deceased and is surrounded by suspicious circumstances–Though, handwriting expert testified that the writing in the letter is the same as that of certain notebooks—But, no independent proof has been led regarding who owned or wrote in the aforesaid notebook–Only father and cousin identified handwriting of deceased–Prosecution was not able to prove the guilt of the appellant beyond reasonable doubt–Impugned judgment of High Court set aside–Appeal allowed. (Para 9, 10) ...
Penal Code, 1860 (IPC)—Section 107, Section 294, Section 306—Accused challenged the FIR filed under IPC sections 306 and 294(b) for allegedly abetting suicide—The FIR stemmed from a suicide note accusing the accused of harassment—However, the Court found the allegations insufficient to establish any offense—It reasoned that mere grievances against a superior officer, even if resulting in suicide, do not necessarily imply abetment—The Court emphasized the need for specific allegations and evidence of intent to abet suicide—Concluding that the FIR lacked substance, the Court quashed the proceedings, citing precedent—This ruling clarifies the necessity for concrete evidence to sustain charges of abetment to suicide. ...
Criminal Procedure Code, 1973 (CrPC)—Section 107, Section 173, Section 319—Framing of charges under Section 306 of the IPC against the appellant, S.S. Chheena, a retired IPS officer and Security Officer at Guru Nanak Dev University—The case revolves around the suicide of Saurav Mahajan, a final year law student, following a dispute over a stolen mobile phone and the subsequent investigation by the appellant—Mahajan's suicide note implicated Harminder Singh and mentioned his frustration over false allegations but did not directly implicate the appellant—The trial court had framed charges against the appellant based on a private complaint and an application by the Public Prosecutor—The Supreme Court, citing the necessity of a direct act or instigation for abetment under Section 306 IPC, found no credi...
Dowry Prohibition Act, 1961—Section 4—Evidence Act, 1872—Section 113A—Penal Code, 1860 (IPC)—Section 306—Case of abetment of suicide, the accused mother-in-law's involvement was not established, leading to the setting aside of her conviction—However, the deceased-wife's suicide, occurring shortly after marriage, resulted in the accused-husband's conviction—Allegations of additional dowry demand and cruelty were substantiated by the deceased's family and an independent witness—The husband's failure to intervene during the wife's self-immolation, coupled with medical evidence, supported the conviction—The legal presumption of abetment was deemed applicable, as no rebuttal evidence was presented by the accused—The court upheld the husband's convicti...
Evidence Act, 1872—Section 113A—Penal Code, 1860 (IPC)—Section 107, Section 109, Section 306—Supreme Court set aside a conviction for abetment of suicide, emphasizing that the prosecution must prove direct or indirect acts of incitement to suicide—The case involved suicide occurring ten years into the marriage, with the deceased reportedly distressed over her inability to conceive—The Court ruled that mere allegations of harassment were insufficient for a conviction under Section 306 of the Indian Penal Code—The lack of evidence linking the accused to the suicide led to the setting aside of the conviction, highlighting the importance of establishing a causal connection between the accused's actions and the suicide. ...
Evidence Act, 1872—Section 32—Penal Code, 1860 (IPC)—Section 302, Section 306, Section 34, Section 498A—Abetment of suicide, cruelty, and harassment leading to the suicide of a wife along with her two minor children—The prosecution alleged demands for dowry and a share in the deceased wife's father's property—However, the accusations were not supported by letters written by the deceased and her brother to the husband, revealing a cordial relationship—Claims that the deceased was not brought back to her matrimonial home for several months after the birth of the second child were contradicted by these letters—Inconsistencies and contradictions in the evidence of the victim's mother and brother, along with unreliable testimonies of other witnesses, led the court to find the evidence...
Penal Code, 1860 (IPC)—Section 107, Section 306, Section 498A—Evidence Act, 1872—Section 113-A—Abetment of suicide, the mere occurrence of suicide within seven years of marriage and the infliction of cruelty by the husband do not automatically imply legal presumption—The court emphasized that all circumstances, including the nature of cruelty, must be considered—Frequent quarrels and physical assaults due to the husband's addiction to 'Bhang' were deemed insufficient to invoke Section 113-A of the Evidence Act—While acquitting the accused under Section 306, the court found a proper conviction under Section 498A, recognizing that not all allegations against the husband were substantiated. ...
Penal Code, 1860 (IPC)—Section 304B, Section 306—Abetment of suicide—Appeal against conviction under Sections 306 and 498-A IPC—Allegations of cruelty leading to suicide of 18-year-old married girl—Acquittal by Trial Court—High Court reversal of acquittal based on dying declaration and evidence of cruelty—Continuous taunting and teasing leading to mental cruelty—Modification of sentence for period already undergone—Appeal dismissed, conviction upheld, and modified sentence ordered by Supreme Court. ...
Penal Code, 1860 (IPC)—Section 107, Section 306, Section 498A—Abetment to suicide, sought quashing of the charge framed by the Additional Sessions Judge—The prosecution alleged that the appellant's quarrel with the deceased, during which he reportedly used abusive language, led to the deceased's suicide—However, the Supreme Court held that the mere use of abusive language by the appellant did not meet the criteria for instigation—Notably, the suicide occurred two days after the quarrel—Emphasizing the absence of proximate cause, the Court noted the deceased's chronic alcoholism, unemployment, and a distressing suicide note—Concluding that the elements of abetment were lacking, the Court quashed the charge and set aside the High Court's order—The appellant, who was on bail, wa...