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AJAY KUMAR GUPTA
Sunita Bera Majhi – Appellant
Versus
Biplab Jana @ Rohit – Respondent
JUDGMENT :
Ajay Kumar Gupta, J:
1. The petitioner Biplab Jana @ Rohit has filed this instant revisional application under Section 482 of the Code of Criminal Procedure, 1973 being CRR 4134 of 2015 seeking quashing of the proceedings pertaining to Marishda Police Station Case No. 148 of 2015 dated 21.08.2015 registered for investigation for commission of offences punishable under Sections 306/34 of the Indian Penal Code, 1860.
2. At the same time, the de-facto complainant Sunita Bera Majhi has also filed another revisional application being CRR 1548 of 2017 under Article 227 of the Constitution of India read with Sections 401 and 482 of the Code of Criminal Procedure, 1973 challenging the impugned order No. 6 dated 06.02.2017 passed by the learned Assistant Sessions Judge, 2nd Court, Contai thereby dismissing a petition dated 09.02.2017 under Section 173(8) of the Criminal Procedure Code for reinvestigation, in ST Case No. 02 (December) of 2016 – ST Case No. 194 (September) of 2016. Charge framed under Sections 306/34 of the Indian Penal Code being No. 1357 dated 25.04.2017 arising out of Marishda P.S. FIR No. 148 dated 21.08.2015 arising out of G.D. Entry No. 804 dated 21.08.2015 corr
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation, not just vague allegations of harassment.
In cases of abetment of suicide, there must be proof of direct or indirect acts of instigation or incitement to commit suicide. Mere allegations of harassment without a positive act proximate to the ....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
The power of quashing should be exercised sparingly and with circumspection, and the court should not interfere at the stage of investigation of offences unless there is a miscarriage of justice.
The main legal point established in the judgment is the requirement of evidence capable of suggesting that the accused intended to instigate the deceased to commit suicide for the offence of abetment....
The court established that mere allegations of humiliation without concrete evidence do not suffice to constitute abetment of suicide under Section 306 of the IPC; instigation or intentional aid must....
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
General, vague, omnibus allegations in matrimonial disputes insufficient for conviction under Sections 498A, 306 IPC without specific particulars, roles, proximate instigation with mens rea compellin....
The prosecution must prove its case beyond all reasonable doubt in criminal cases, and the lack of cogent and convincing evidence can lead to the acquittal of the accused.
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