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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J.
Navneet Ambadasji Agrawal – Appellant
Versus
State of Maharashtra, through Station House Officer, City Police Station, Shegaon, Buldana – Respondent
JUDGMENT :
[URMILA JOSHI-PHALKE, J.]
1. Heard.
2. Admit. Heard finally by consent of learned counsel appearing for the parties.
3. The revision application is filed by the applicant (Accused No.1) in connection with Crime No. 50/2015 registered under Section 306 read with Section 34 of the Indian Penal Code, 1860 against rejection of the discharge application Exhibit No.6 filed under Section 227 of the Cr.P.C.
4. The factual matrix of the case for disposal of the present revision application is as under;
Shri Kishor Tawade has lodged a report alleging that when he was present on duty on 27/03/2015, one Sheikh Shakil Ahmad Gulam Dastgir gave a report, he is the owner of the Swagat Guest House and room No. 12 was obtained by the deceased Naresh Dattarya Yemsanwar, aged about 41 years, resident of Sayatkharda, Tah. Ghatanji, District Yavatmal. He has closed the door of this room and thereafter, he consumed a poison and committed suicide. The door of the room was broken and thereafter, the inquest panchanama was drawn. During the inquiry, with the said suicide, the investigating officer has seized five chits from one envelope and the said envelope was addressed in the name of Police and it w
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 clear evidence of instigation or aid by the accused; mere emotional distress or broken relationships do not suffice.
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....
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....
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.
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.
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
The opposition to a relationship, without further evidence, may not constitute abetment of suicide under Section 306 of the IPC and Section 3(2)(5A) of the Atrocities Act.
At the stage of framing charges, even a strong suspicion is sufficient to frame the charges, and the requirement of mens rea for abetment of suicide under IPC 306.
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