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VINAY JOSHI, BHARAT P. DESHPANDE
Bhartendra S/o. Dhanraj Bhoyar – Appellant
Versus
State of Maharashtra, through Police Station Officer, Kardha, Bhandara – Respondent
JUDGMENT :
Vinay Joshi, J.
The petitioner is one of the two accused named in first information report [FIR] in Crime No.31/2014 dated 27.04.2014, registered with Police Station Karda, District Bhandara for the offence punishable under Section 306 of the Indian Penal Code. Though the crime was registered against two accused, however, this petition in terms of Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed by one namely Advocate Bhoyar, seeking quashing of the aforesaid FIR and charge-sheet filed in pursuance thereof.
2. Having regard to the prima facie material, initially this Court vide order dated 23.06.2014 directed that no coercive steps be taken against petitioner. Upon hearing the parties on 09.12.2014, this Court has issued Rule, as well as stayed the investigation of the aforesaid crime. Later on this Court wide order dated 06.12.2019 vacated the stay to the investigation. Again vide order dated 20.02.2020, prosecution was permitted to file charge-sheet, as well as, leave was granted to suitably amend the petition by adding the prayer for quashing of the charge-sheet. In consequence chargesheet came to be filed, a
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....
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.
Establishing criminal liability under Section 306 IPC requires proof of mens rea and evidence of instigation, which was not present in this case.
The main legal point established in the judgment is that to constitute the offence of abetment of suicide under Sec. 306 of the Indian Penal Code, there must be a clear mens rea and a positive act on....
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 ....
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....
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....
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
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