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IN THE HIGH COURT AT CALCUTTA IN THE CIRCUIT BENCH AT JALPAIGURI
BISWAROOP CHOWDHURY
Partha Pratim Dutta @ Parthopratim Dutta @ Nantu – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Biswaroop Chowdhury, J.
The petitioners before this Court are accused persons, in Kalchini P.S. Case no- 120/2020 dated 1/9/2020 now pending before Learned Additional Sessions Judge and Special Court (under S.C. and S.T. Act) 1st Court Jalpaiguri being Special case No- 12/2020.
The prosecution case in brief is that on 1.09.2020, officer in charge Kalchini Police Station received a written complaint made by one Usha Lohara Wife of Suraj Lohara of Rajabhatkhawa Marchantpara P.S. Kalchini District – Alipurduar against 1) Partha Pratim Dutta (Nantu) son of Dipak Dutta 2) Swpana Dutta wife of Partha Pratim Dutta the petitioners herein and one Pinki Bhattacharya wife of Nitai Bhattacharya (Nitu) all belonging to the same locality to the effect that on 30/08/2020 at about 5.00 hrs complainant’s son Animesh Lohara who was 17 years of age was found in hanging condition and later on medical officer of Latabari Rural hospital declared him dead. It is alleged by the complainant in her complaint that her son Animesh Lohara had a love affairs with Rupsha Dutta which was not accepted by the accused persons and they insulted Animesh Lohara frequently and even assaulted some time. On 28.08.
(1) Abetment involves mental process of instigating a person or intentionally aiding a person in doing of a thing.(2) Without positive act on part of accused to instigate or aid in committing suicide....
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
Instigation requires direct incitement to suicide with a clear nexus; mere participation in an inquiry does not amount to abetment under IPC.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or direct involvement by the accused, and mere relationship discord is insufficient to constitute a....
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