SANJIVKHANNA, SANJAYKUMAR, K. V. VISWANATHAN
Ayyub – Appellant
Versus
State Of Uttar Pradesh – Respondent
The legal document provided does not explicitly mention or discuss the concept of a psychological autopsy. However, it highlights the importance of a thorough and comprehensive investigation into the circumstances surrounding the death, especially in cases of suicide. The court emphasizes that the investigation should explore all angles, including underlying factors that may have contributed to the deceased’s mental state and decision to take their own life.
A psychological autopsy is a specialized investigative tool used to determine the mental state of the deceased prior to death, often involving psychological assessments, interviews with acquaintances, and review of medical and personal history. It can provide valuable insights into whether the death was truly a suicide, accidental, or due to other causes, and can help establish or refute elements like intent, mental health issues, or external influences.
In the context of the case, the court’s directive for a reinvestigation underscores the necessity for an independent, thorough inquiry that may include, if deemed appropriate, a psychological autopsy to uncover the deceased’s mental condition and the possible psychological factors leading to her death. Such an approach aligns with the court’s concern for uncovering the complete and true story behind the incident, beyond the superficial or initial findings, ensuring that all relevant factors, including psychological ones, are adequately explored during the reinvestigation.
JUDGMENT :
K.V. Viswanathan, J.
1. The present criminal appeal calls in question the correctness of the order dated 27.07.2023 passed by the High Court of Judicature at Allahabad in Application under Section 482 Cr.P.C. No. 25969 of 2023. By the said order, the High Court declined to quash the proceedings instituted against the appellants under Section 306 of the Indian Penal Code, 1860 (for short ‘IPC’).
2. The facts of the case are rather unfortunate. It has its origin in a suspected relationship between the son of the first appellant, one Ziaul Rahman (since deceased) and Tanu (since deceased), the cousin sister of respondent no. 2.
3. On 02.11.2022 at 19:15 hrs, the first appellant Ayyub lodged a first information report alleging that Bhuru @ Janeshwar (relative of deceased Tanu), Maneshwar Saini (father of deceased Tanu), Priyanshu, and Shivam (brother of Tanu) beat his son Ziaul Rahman with sticks and fists. According to the complaint, this was on suspicion about the relationship between Ziaul Rahman and Tanu. According to the FIR, the incident was witnessed by Saleem Ahmed and Abdul Rehman. It was also averred that while being taken for treatment, after being referred to a highe
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Abetment of suicide – In order to make out an offence under Section 306 IPC, specific abetment as contemplated by Section 107 IPC on part of accused with intention to bring about suicide of person co....
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or direct causation linked to the act of suicide, which was not present in this case.
The main legal point established in the judgment is that the scope and ambit of Section 107 IPC and its correlation with Section 306 IPC were discussed, emphasizing the need for direct or indirect ac....
Charges of abetment of suicide under Section 306 IPC require clear evidence of instigation, which is absent in this case, leading to quashing of proceedings.
The offence of abetment of suicide under Section 306 IPC requires a direct involvement of the accused in the commission of suicide and that the acts or omissions of the accused must be proximate, con....
For a charge of abetment to suicide under Section 306 IPC, clear evidence of instigation and mens rea must be established; mere allegations are insufficient.
The prosecution must prove its case beyond all reasonable doubt in criminal cases, and the lack of cogent and convincing evidence can lead to the acquittal of the accused.
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
A conviction under IPC Section 306 requires clear evidence of intent to instigate suicide, which was not present in this case.
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