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VENKATA JYOTHIRMAI PRATAPA
Nalluri Mohana Naga Venkata Sai Durga Ellareswari @ Yellareswari – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT/ ORDER :
The instant petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of proceedings against them in Crime No.258 of 2020 on the file of Chebrole Police Station, West Godavari District, which was registered for the offences punishable under Section 306 read with 34 of the INDIAN PENAL CODE , 1860 (in short, 'I.P.C.').
2. The facts of the case, in brief, are as follows :
(b) That being so, one week prior to lodging of the complaint, the family members of accused No.1 phoned the deceased stating that the grandfather of accused No.1 was suffering from ill-health and to send accused No.1 to see him. However, accused No.1 refused to go there.
(c) On 27.08.2020 as the grandfather of accused No.1 died, the deceased and his father took accused No.1 to her parental home
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.
For abetment of suicide under IPC, there must be clear evidence of instigation or aiding the act, which was not established in this case.
In matrimonial disputes, vague allegations against relatives cannot sustain charges under IPC; specific evidence of instigation or aid is required for abetment of suicide.
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 Section 306 IPC, there must be a positive act or instigation by the accused; mere refusal to allow entry into the matrimonial home is insufficient.
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
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....
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