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M. NAGAPRASANNA
Mayukh Mukherjee, S/O Debabrata Mukherjee – Appellant
Versus
State Of Karnataka Represented By Marathahalli Police Station – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioner, sole accused in S.C.No.859 of 2023 pending before the XLV Additional City Civil and Sessions Judge, Bengaluru arising out of crime in Crime No.47 of 2023 registered for offences under Sections 498A, 306 and 34 of the IPC is before this Court calling in question the entire proceedings.
2. Sans details, facts germane are as follows:-
The 2nd respondent is the complainant, father-in-law of the petitioner. The petitioner gets married to one Piyali Mukherjee (‘the victim’), the daughter of the complainant on 05-02-2021. It appears that the relationship between the two turned completely sore and on several grievances, she commits suicide by hanging herself on 24-02-2023. The 2nd respondent/father then registers a complaint against the husband, mother-in-law and father-in-law of the deceased for having abetted the suicide of the victim on demand of dowry. The complaint is registered on 26-02-2023 which results in a crime in Crime No.47 of 2023. The police conduct investigation and file a charge sheet. While filing the charge sheet the father-in-law and mother-in-law of the deceased are dropped as nothing was found against them and charge sheet is fil
Abetment to suicide under IPC Sections 306 and 498A necessitates proof of instigation or influencing behavior, requiring thorough examination in trial; mere allegations do not suffice.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
Section 306 of IPC reads as abetment of suicide.
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....
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
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