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KISHORE C. SANT
Utsav Shivkaran Helambkar – Appellant
Versus
State of Maharashtra, Through Police Inspector, Satara Police Station – Respondent
JUDGMENT :
Heard by consent of the parties, the matter is taken for final disposal at the admission stage. Both the Revisions are against the same order and hence are heard and decided together.
1. The Criminal Revision Application No.144/2019 is filed by the Original Informant challenging an order passed by the learned Sessions Court discharging Respondent No.2 from the offences punishable under Sections 306, 498-A read with 34 of the Indian Penal Code, 1860 (‘IPC’ for short).
2. The facts of the case in short are as below;
The Informant is brother of deceased Rasika, who was married to the brother of Respondent No.2 on 05.06.2008. It is alleged that since the marriage itself, all the in-laws started harassing the deceased. The husband used to say that the deceased is not liked by his sister i.e. present Respondent No.2 as she is short and is not matching to him. Her husband used to call the deceased as ‘Karanti’, i.e. one who has brought a bad luck. Three years prior to incident, an amount was demanded for purchasing a plot. Therefore, father of deceased had given Rs.2,00,000/-. There was further demand of Rs.5,00,000/- for making construction on the said plot. On such count, husband
The main legal point established in the judgment is the requirement for sufficient material to proceed against the accused and the duty of the Court to consider the record of the case and evaluate th....
The main legal point established in the judgment is the requirement of strong suspicion and examination of circumstances to determine instigation for abetment of suicide under Section 306 of IPC.
The assessment of materials at the stage of consideration of charge is different from the appreciation of evidence at the trial stage, and the court must form an opinion based on the available materi....
The main legal point established in the judgment is the requirement of evidence capable of suggesting that the accused intended to instigate the deceased to commit suicide for the offence of abetment....
Framing charges under Section 306 I.P.C. requires only a presumption of involvement, not definitive proof, relying heavily on the evidentiary weight of disputed documents, such as suicide notes.
At the stage of framing of charge, the court is not required to appreciate evidence to conclude whether the materials produced are sufficient or not for convicting the accused.
To establish abetment of suicide under Section 306 IPC, it must be proved that the accused's conduct directly instigated the victim to commit suicide, which was not demonstrated in this case.
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