Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, RAJESH S. PATIL, JJ.
Suresh Shamravji Chakre – Appellant
Versus
The State Of Maharashtra – Respondent
ORDER :
Ravindra V. Ghuge, J.
1. The Applicant is Accused No.1 in First Information Report (FIR) bearing no. 0251 of 2024 registered with the Sion Police Station, District Brihan Mumbai on 22nd July, 2024. There are five other Accused, whose names are mentioned in the FIR.
2. After the hearing in this matter was concluded, we called upon the learned Advocate for the Applicant to state whether he desires to withdraw the Application, since we had expressed our disinclination. The Applicant is present in the Court and has instructed the learned Advocate to seek an order from the Court.
3. The contention of the Applicant is that Section 306 and Section 34 of the Indian Penal Code (IPC) have been invoked. There is no specific act attributed to the present Applicant, which can be said to be a cause for abetment to suicide. The Applicant has drawn our attention to the 13 grounds, which have been set out in the memo of the Application. These grounds can be summarized as under :-
(a) Even if the entire allegations in the FIR are taken as they are, prima facie case is not made out against the Applicant under Section 306 of IPC.
(b) A false FIR has been filed by the widow of the deceased.
(c) A dela
The court found prima facie evidence of threats by the Applicant leading to the deceased's suicide, justifying the continuation of the FIR under Sections 306 and 34 of IPC.
Mere threatening over telephone, without positive action proximate to the time of occurrence, in a matter involving a transaction, cannot be termed as abetment to suicide under Section 306 IPC.
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....
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.
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....
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 the requirement for specific abetment with the intention to bring about the suicide of the person concerned, as contemplated under Section 306 of t....
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
