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VIBHA KANKANWADI, ABHAY S. WAGHWASE
Ramrao S/o Govindrao Dhakane – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[PER SMT. VIBHA KANKANWADI, J.] :
1. Heard finally with the consent of the learned Advocates for the rival parties.
2. Present Application has been filed under Section 482 of the Code of Criminal Procedure for quashing the First Information Report (for short “the FIR”) vide Crime No. 111 of 2022 registered with Chakur Police Station, Taluka-Chakur, District- Latur and the proceedings in R.C.C. No.38 of 2023 pending before the learned Judicial Magistrate First Class, Chakur, District-Latur for the offence punishable under Section 306 of the Indian Penal Code. The said FIR came to be registered upon the report given by respondent No.2. Respondent No.2 is the father of deceased Prashant.
3. Heard learned Advocate Mr. Reddy for the applicant, learned APP Dr. Bharaswadkar for respondent No.1 and learned Advocate Mr. Choudhari for respondent No.2.
4. Perusal of the FIR lodged by respondent No.2 and the statements of the witnesses would show that deceased Prashant was residing at Ahmedpur, whereas respondent No.2 was residing at Hali (Khurdali), Taluka-Chakur, District-Latur. Deceased Prashant was working with one Vyankatesh Lab. Five months prior to the FIR on 2nd April 2022, all o
A conviction under IPC Section 306 requires clear evidence of intent to instigate suicide, 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....
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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....
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 the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
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.
Non-payment of dues alone does not constitute abetment of suicide under IPC without clear evidence of instigation or overt acts by the accused.
(1) Abetment of suicide – Act of abetment must be proved and established by prosecution before he could be convicted under Section 306 IPC.(2) Hyperboles employed in exchanges should not, without any....
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
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