Back
RAVI CHEEMALAPATI
Sugavasi Chakradhar – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Ravi Cheemalapati, J. - This Criminal Petition is filed under Section 438 of Criminal Procedure Code ('Cr.P.C.' in short), seeking pre-arrest bail, by the petitioner/Accused No. 1 in Crime No. 653 of 2022 of Tadepalli Police Station, Guntur District, registered for the offence punishable under Section 420 and 306 of the Indian Penal Code, 1908 ('IPC' in short).
2. The case of the prosecution, in brief, that the defacto complainant's son is used to do contractual works. He undertook a sub contract work in the name of Sahasra Infratech from Sudhakar Infra, for carrying out storm water drain works at Nellore. Sahasra Infratech was incorporated in the name of the complainant's daughter in law and Chakradhar's daughter. The son of the complainant and Chakradhar, together doing contractual works. After taking four bills, accused cheated his son without giving money and harassed by avoiding. His son faced severe stress and accused instigated his son to commit suicide. On 19.08.2022, his son explained the situation to one Rohit and his daughter in law that he is going to commit suicide. Thereafter, they sent one Narendra Reddy and when he went to that place and observed that the doo
To constitute an offence under Section 306 IPC, the prosecution must establish that a person committed suicide and that such suicide was abetted by the accused, requiring a positive act of abetment o....
Abetment of suicide under Section 306 IPC requires proof of direct or indirect acts of incitement to suicide, and mere harassment without any positive action proximate to the time of occurrence is in....
The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an....
Point of law: 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....
In cases of abetment of suicide, there must be proof of direct or indirect acts of instigation or incitement to commit suicide. Mere allegations of harassment without a positive act proximate to the ....
Abetment under S.306 IPC requires explicit acts of instigation or support; mere humiliation is insufficient.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
