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K. SREENIVASA REDDY
CVN Rangeswara Rao, S/o. C. Sidhaiah – Appellant
Versus
State of Andhra Pradesh, Rep. by its Public Prosecutor – Respondent
ORDER :
K. Sreenivasa Reddy, J.
The Criminal Petition has been filed under Section 482 of Cr.P.C praying to quash the proceedings in P.R.C.No.16 of 2022, on the file of the Judicial Magistrate of First Class, Dhone, against the petitioners/accused Nos.1 & 2 for the offence punishable under Section 306 read with 34 of I.P.C.
2. The petitioners are shown as accused Nos.1 & 2 in P.R.C.No.16 of 2022 on the file of the Judicial Magistrate of First Class, Dhone. A charge sheet has been filed against the accused persons for the offence under Section 306 read with 34 of I.P.C.
3. The brief facts of the case are that, 2nd respondent/informant is the wife of deceased K. Sreenivasulu Achari. She lodged a report stating that her husband was a Builder and the accused Nos.1 & 2 approached the deceased to construct a house at Sai Eswar Nagar, Nandyal town. Accordingly, the deceased and wife of accused No.1,Smt.Chitte Krishnaveni, entered into an agreement on 15.03.2021 and the deceased had taken an amount of Rs.5,00,000/- (Rupees Five Lakhs Only) towards advance from the accused for construction of house. The deceased purchased building material with the advance amount. Thereafter, accused pressurize
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
To establish an offence under Section 306 IPC, specific evidence of instigation or intent to aid suicide is essential; absent such evidence, proceedings can be quashed.
To establish abetment under Section 306 IPC, specific intent and action must be proven; mere allegations or familial disputes are insufficient.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
Non-payment of dues alone does not constitute abetment of suicide under IPC without clear evidence of instigation or overt acts by the accused.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aid by the accused, which is proximate to the act of suicide.
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