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SUNIL B. SHUKRE, M. W. CHANDWANI
Yogesh Rupchandji Agrawal – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
M.W.CHANDWANI,J. - Heard.
2. Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
3. This common judgment will dispose of two Criminal Applications. The applicant in each of the Criminal Application, seeks to quash the criminal proceedings pending against them arising out of First Information Report (FIR) No. 803/2021 registered by Old City Police Station, Akola for the offences punishable under Ss. 306 read with Sec. 34 of the Indian Penal Code (IPC).
4. The facts, which give rise to the present Criminal Applications can be stated as under:- One Harshal Omprakash Sharma lodged a complaint with Police Station Old City, Akola that his nephew Alpesh Arvind Upadhyay committed suicide by hanging from ceiling fan in his house. The suicide-note was found near his bed, wherein the deceased has mentioned the reason for taking extreme step as Corona pandemic as well as mental harassment given by the applicants and one Vishal Purohit. On the said complaint, the FIR for the aforesaid offences came to be registered against the present applicants and one Vishal Purohit. During the course of the investigation, the Police recorded the st
For a conviction under Section 306 IPC for abetment of suicide, there must be a clear mens rea and a direct connection between the accused's actions and the deceased's decision to commit suicide.
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.
To establish abetment of suicide under Section 306 IPC, there must be a clear mens rea and a direct act of instigation or aid that leads the victim to commit suicide, with actions being proximate to ....
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
In abetment of suicide cases, clear evidence of mens rea and active involvement is required; mere allegations without proof of cruelty are insufficient for conviction.
For a charge of abetment of suicide under IPC Section 306, there must be clear evidence of instigation or incitement by the accused, and mere allegations of harassment are insufficient without a dire....
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.
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instig....
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