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IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION
AJOY KUMAR MUKHERJEE
Shreya Basak – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ajoy Kumar Mukherjee, J.
1. Petitioners herein have sought for quashing of proceeding being GR Case no. 3892 of 2022 presently pending before learned Sessions Judge, Barasat under section 306/506/34 of the IPC.
2. Petitioners’ case is that deceased Arijit Samaddar had married petitioner no. 1 herein on 01.12.2021. Petitioner no. 2 is the father of the petitioner no.1. Their further case is that soon after the marriage the petitioner no.1 discovered that her husband had epidermoid cysts covering both his scrotums, which he did not disclose to the petitioner no.1 prior to that marriage. She time and again requested her husband to consult physicians in order to have the said disease medically treated and cured. But the deceased was indifferent and refused to consult any doctor and on the contrary he used to ask the petitioner to leave her matrimonial home. Finding no other alternative the petitioner no.1 was constrained to leave her matrimonial home in the month of February, 2022 mainly due to indifferent attitude of her husband, though she had not initiated any litigation against her husband
3. Further case of the petitioners is that on 2nd July, 2022 petitioner no.1 went to h
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, 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, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
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