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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V.SUJATHA, J
Suresh Kandelwal – Appellant
Versus
State Rep – Respondent
ORDER :
V.Sujatha, J.
The Criminal Petition is filed under Section 482 of Cr.P.C by the petitioner herein to quash the proceedings initiated against him in Crime No.104 of 2020 registered for the offence punishable under Section 306 IPC on the file of the Srikalahasthi Rural Police Station, Tirupati Urban.
2. The brief facts of the case are as follows:-
The petitioner herein is Accused No.1 and the 2nd respondent herein is the de-facto-complainant. The complainant lodged a complaint, alleging that on 07.06.2020, in the morning hours at 6:10 A.M., one Mr. Bharath Prajapathi, who is working as labour in Srikalahasthi Pipes Limited, came to their tea shop and had a cup of tea. After some time, he went up to the building, where, he was staying, accidentally he caught hold of an electric wire running through their house and fell down on the wall. The complainant, on seeing the said incident, went there and tried to save him with the help of stick, but, at that time, Mr. Bharath Prajapathi was died due to electrical shock and went to unconscious stage. While he was shifting to the hospital in ambulance, he was declared as dead. Basing on the said complaint, a case in Crime No.104 of 2020 und
Mere allegations of harassment do not constitute abetment of suicide under Section 306 IPC without direct evidence linking the accused's actions to the deceased's decision to commit suicide.
For abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was not established in this case.
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....
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....
Mere harsh words or disputes over property do not fulfill the legal requirements for abetment of suicide under IPC Sections 306 and 107.
To establish abetment under Section 306 IPC, specific intent and action must be proven; mere allegations or familial disputes are insufficient.
Abetment of suicide – Mere quarrels, expressions of anger, denial of a civil claim, or harsh words spoken in context of disputes do not constitute abetment of suicide unless they are shown to have be....
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