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ANANYA BANDYOPADHYAY
Joyeeta Saha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ananya Bandyopadhyay, J.—The instant revisional application has been filed by the petitioners for quashing of proceeding being G.R. No. 4137/2011 pending before the Learned Additional Sessions Judge, First Track Court, No.2, Barasat corresponding to Baguihati Police Station Case No. 469/2010 dated 28.10.2010 under Section 306 of the Indian Penal Code and all orders passed therein including the order dated 26.06.2012 passed by the Learned Additional Sessions Judge, First Track Court, No.2, Barasat thereby rejecting the prayer of the petitioners from being discharged from the instant case.
2. Petitioner no.1 married one Gopal Saha, son of Tushar Kanti Saha, the de facto complainant of the instant case on 02.03.2010 and resided separately at G.A. 56, Narayantala Road, Drishti Apartment, 2nd floor, Police Station Baguihati, Kolkata- 700059, at the annoyance of the de facto complainant and his wife.
3. On 28.10.2010 at about 12:15 a.m., the de facto complainant learnt his son, the victim committed suicide by hanging himself in his dining room with a nylon rope on 27.10.2010 at 11:00 p.m. The de facto complainant went to the aforesaid flat and found the dead body of his son.
4. S
(1) Inherent Jurisdiction – Power of High Court under Section 482 of Cr.P.C. is restrictive in nature – It cannot act as a Trial Court and has to be cautious in granting relief sought for in terms of....
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
For a conviction under Section 306 IPC, clear mens rea and direct acts of instigation or aid are required, and mere allegations of harassment are insufficient to establish abetment.
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 convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
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.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
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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