Back
ANUJA PRABHU DESSAI, R. M. JOSHI
Ajinath Devrao – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. At the outset learned counsel for the applicants seeks leave to amend the prayer clause 'C' to incorporate the Sessions Case No. 95 of 2022. Leave granted. Amendment to be carried out forthwith.
2. With consent, heard finally at the stage of admission.
3. This is an application under Sec. 482 of Cr.P.C. to quash the first information report No. 187/2021 registered with Ashti Police Station, Dist. Beed and Sessions Case No. 95/2022 pending before the learned Sessions Judge, Beed for the offence punishable under Sec. 306 read with Sec. 34 of the Indian Penal Code.
4. The crime against the applicants for offence under Sec. 306 IPC came to be registered on the basis of the first information report lodged by the respondent No.2. A perusal of the FIR reveals that the marriage of Anil Aabasaheb Jagtap, son of the complainant and the applicant No. 3 Ashwini Anil Jagtap was solemnized on 1/12/2014. They have two children from the said wedlock. Said Anil committed suicide on 28/5/2021. The respondent No.2 has alleged that since the year 2014 the applicant No.3 used to constantly fight with Anil. He has alleged that in year 2015 the applicant No.3 had assaulted the deceased Anil
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 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.
For a conviction under Section 306 IPC, clear mens rea and direct acts of instigation or aid are required, and mere allegations of harassment are insufficient to establish abetment.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
(1) Inherent Jurisdiction – Power of High Court under Section 482 of Cr.P.C. is restrictive in nature – It cannot act as a Trial Court and has to be cautious in granting relief sought for in terms of....
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
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....
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
