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SHAMPA DUTT (PAUL)
Kaushik Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Shampa Dutt (Paul), J.)
1. The present revisional application has been preferred against an order no. 8 dated 05.09.2023, passed by the Learned Additional Sessions Judge, 2nd Court, Howrah in Case No. ST No. 115 of 2023 corresponding to G.R Case No. 47 of 2017 arising out of Liluah Police Station Case no. 237 of 2017 dated 12.09.2017 under Section 306 of the Indian Penal Code, rejecting the application for discharge of the petitioner herein. The charge faced by the petitioner is under Section 306 of the Indian Penal Code.
2. The written complaint filed by the father of the deceased before the concerned police station on 12.09.2017 contains the allegations as follows:-
3. The petitioner’s case is that in the year 2011 he helped the victim get admis
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 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.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
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 direct instigation with clear mens rea, and the act must be closely proximate to the suicide. Vague allegations are insufficient for convicti....
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
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