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SANJEEV S KALGAONKAR
Khairu @ Satendra Singh Rawat – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
This Criminal Revision, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for brevity “the Code”), is filed assailing the order dated 10.01.2024 passed by learned Sessions Judge, Shivpuri (M.P.) in Sessions Trial No.376 of 2023, whereby charge for the offence punishable under Section 306 read with 34 IPC is framed against petitioner Khairu @ Satendra Singh Rawat.
2. The exposition of facts, giving rise to this revision-petition, is as under:-
(A) As per the case of prosecution, Vikram Rawat S/o Jagdish Singh Rawat reported to Police Station Dehat Thana, Shivpuri (M.P.) on 18.06.2023 around 15:18 hours that on the same day, around 02:30 in the afternoon, he took his children for haircut to local barber shop at Neelgar square. When he returned home with children, his wife Vandana did not open the door. When he peeped inside the house through window glass, he saw that his wife Vandana was hanging with ceiling fan with the help of Saree. Vandana had died. On such intimation, Police Station Dehat Thana, District Shivpuri (M.P.) registered Unnatural Death Intimation No.26/2023 and started inquest proceedings. Dead body of Vandana was forwarded for p
Abetment of suicide – Overt act of accused person must be of such a nature where victim had no option but to commit suicide.
For a conviction under Section 306 IPC, clear evidence of instigation or active participation in the act leading to suicide must be established, which was not present in this case.
Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.
Conviction under Section 306 IPC requires clear evidence of instigation or participation in suicide; mere allegations or psychological pressure are insufficient to establish abetment.
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.
The absence of provable instigation or direct involvement by the accused in the suicide precludes criminal liability under Section 306 IPC.
Ingredients of Section 107 of I.P.C. must be present to make out a case under Section 306 of I.P.C - Supreme Court has held that to constitute “instigation”, a person, who instigates another has to p....
To sustain a charge under Section 306 IPC, clear evidence of intentional abetment or instigation is required, with actions having a proximate link to the suicide.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
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