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RAJENDRA BADAMIKAR
STATE OF KARNATAKA – Appellant
Versus
RAHUL DILIP PAWAR – Respondent
JUDGMENT :
Rajendra Badamikar, J.
1. The State has filed this appeal against the judgment of acquittal dated 29.11.2012 passed by the Fast Track Court-IV, Belagavi in S.C.No. 163/2012 and prayed for setting aside the judgment of acquittal and sought for convicting the accused/respondent for the offences punishable under Sections 420, 465, 306 r/w Section 34 of IPC.
2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial court.
3. Brief facts leading to the case are that, one Shankar G.Chavan is an agriculturist and resident of Chikalwal village in Chikodi Taluka. He has two sons by name Amit and Shivadatt. Shivadatt is married and is working in Military. Complainant is living with his family members and he is financially sound. The son of complainant, i.e., deceased Amit passed B.A. 2nd year and he had no interest to do agriculture. As such, he intended to go for job and was in search of a job. It is alleged that accused No. 1 induced him to pay Rs.2,00,000/- so that they would provide him an employment in Mercantile Navy and taken him to Mumbai, Chennai and also sent him one month training in Kolkata. But however, the d
The central legal point established in the judgment is the requirement for the prosecution to prove the essential elements of the offenses under Sections 420, 465, and 306 of the IPC beyond all reaso....
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
To sustain a conviction under Section 306 IPC for abetment of suicide, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
To convict under Section 306 IPC, clear, proximate acts of instigation by the accused must be proved, lacking mere allegations of harassment.
Legal proceedings for debt recovery, in absence of specific instigation evidence, do not amount to abetment of suicide as per Section 306 IPC.
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