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BOMBAY HIGH COURT
SHAHAJI SHESHRAO KAMBLE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
ORDER :
[ABHAY S. WAGHWASE, J.]
1. Revisionist herein takes exception to the order dated 29.06.2024 passed by learned Additional Sessions Judge, Latur below application Exhibit 51, in Sessions Case No. 153 of 2021, thereby rejecting prayer for discharge sought under Section 227 of Cr.P.C.
2. Appraising this Court regarding background of indictment of present revisionist, it is pointed out that, one Mubarak Mahamad Bargir lodged report, resulting into registration of crime on 19.07.2018, narrating that his daughter Nilofar, who was a student of 11th Standard, committed suicide by jumping from the terrace of institution. Learned counsel pointed out that apart from present revisionist, in all five persons are named as accused. That, present revisionist, who is a lecturer and also rector of the hostel, is impleaded as accused no.1.
3. It is pointed out that in short, case of prosecution is that, deceased Nilofar, who was put up in a hostel, had an affair with juvenile accused Ruturaj. That, ATM card of room-mate of deceased Nilofar, namely, Gayatri, was reported to be stolen. In the capacity of teacher and rector and on directions of Supervisor, revisionist had made inquiries with Nilofar.
The court held that mere inquiry by a teacher regarding a student's misconduct does not constitute abetment of suicide under Section 305 IPC, as there was no mens rea or inducement.
To establish abetment of suicide under Section 306 IPC, it must be proved that the accused's conduct directly instigated the victim to commit suicide, which was not demonstrated in this case.
For abetment of suicide under IPC Section 306, mens rea and instigation are essential. Mere marital discord and insults do not constitute sufficient grounds for abetment. The trial court committed il....
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
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....
Abetment of suicide under IPC necessitates proof of direct or indirect acts by the accused compelling the victim to commit suicide, which must be supported by credible evidence.
To establish abetment under Section 306 IPC, clear evidence of instigation or culpable conduct by the accused is necessary.
The main legal point established in the judgment is that for an offence under Section 306 of IPC, there must be active suggestion, instigation, or encouragement on the part of the accused to abet the....
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