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VENKATESH NAIK T.
Hanamantraya S/o. Malakappa Harnal – Appellant
Versus
State – Respondent
ORDER :
The petitioner has filed this petition under Section 482 of Cr.P.C. praying to quash the FIR and complaint in Crime No.37/2023 of Sindagi police station, Vijayapur district, registered for the offence punishable under Sections 306 read with Section 149 of IPC, pending on the file of learned Senior Civil and JMFC, Sindagi.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. Petitioner is accused No.3, respondent No.1 is the complainant -State and respondent No.2 is the de-facto complainant.
3. Brief facts of the prosecution case are as under:
On 13.02.2023, the complainant Smt.Mahadevi lodged a complaint to the respondent -police, alleging that, she has been residing at Korwar, Devar Hipparagi taluka, along with her family and since 14 years, her husband Basavaraj (deceased) was serving as a teacher at Sasbal Government H.P.S. School and since May, 2022, he was appointed as Principal, as the Headmaster Sri G.N.Patil (accused No.1) was elevated as Cluster Resource Center Coordinator (C.R.C.). She contended that, since her husband took over the charge as Principal, he was under tremendous pressure, as accused No.1 during his ten
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 ....
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
The court held that mere familial pressure or demands are insufficient to establish abetment of suicide; active instigation must be proven for liability under IPC Sections 306 and 107.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
The judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
The main legal point established in the judgment is the requirement of a proximate and live link between alleged instigation or illegal acts and the subsequent suicide, the absence of mens rea and po....
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