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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Vaibhav S/o Premanand Mawale – Appellant
Versus
State Of Maharashtra, Through Police Station Shegaon City, District Buldhana – Respondent
JUDGMENT
1. Heard finally by consent of learned counsel Shri Akshay Sudame for the applicant and learned Additional Public Prosecutor Shri M.J.Khan for the State.
2. The present revision application is filed by the applicant (the accused) in connection with Crime No.486/2020 registered with the Shegaon Police Station, district Buldhana under Section 306 of the Indian Penal Code against rejection of discharge application Exhibit.8 filed under Section 227 of the Criminal Procedure Code.
3. The factual matrix of the case is as under:
The applicant is educated having qualification of Bachelor of Computer Application. Deceased victim and the applicant were having love affair from last nine years. On 3.12.2020, the deceased committed suicide by hanging herself. The deceased victim has left behind an exhaustive suicide note stating in it the details of affair and her relationship with the applicant. It was further alleged that on the promise of marriage, the applicant and the deceased had physical relationship and subsequently, the applicant broke the said relationship and denied to marry with her. It is further alleged that the applicant has developed relationship with other girl and as the
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or a direct act by the accused leading to the victim's suicide; mere relationship discord is insuff....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aid by the accused; mere emotional distress or broken relationships do not suffice.
To establish abetment of suicide under IPC, there must be direct incitement or actions compelling the victim to commit suicide; mere allegations of harassment are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
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....
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
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