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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Radha Kumari Wife of Late Ranjeet Kumar Ravi – Appellant
Versus
State Of Bihar Represented Through Principal Secretary – Respondent
JUDGMENT :
PURNENDU SINGH
Heard Mr. Deo Prakash Singh, learned counsel appearing on behalf of the petitioners and Mr. Rajendra Singh, learned A.P.P. for the State.
2. The present application has been filed for quashing of the FIR arising out of Rajapakar P.S. Case No. 106 of 2020 registered under Section 306 of the INDIAN PENAL CODE and also for quashing of the consequential court proceedings subsequent to submission of Charge-Sheet No. 294 of 2024 dated 27.08.2024 in the light of supervision note submitted by the Superintendent of Police, Vaishali.
3. As per the allegation made in the FIR, the son of the informant (deceased), was married with petitioner No. 1, Radha Kumari, 5 years ago under Hindu customs and traditions. The wife of the deceased (petitioner no. 1) had left the house of the deceased and was residing in her father's house. On 14.05.2020, the deceased was called by petitioners at their house where hot discussion took place. It is further alleged that during the hot discussion, the petitioners had infuriated and reprimanded the deceased, due to which, the deceased had committed suicide by consuming poison.
4. Learned counsel appearing on behalf of the petitioners submit
Establishing criminal liability under Section 306 IPC requires proof of mens rea and evidence of instigation, which was not present in this case.
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
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 establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
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.
Non-payment of dues alone does not constitute abetment of suicide under IPC without clear evidence of instigation or overt acts by the accused.
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 main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
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