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PARTH PRATEEM SAHU
Ram-Awatar, s/o Mahendra Satnami – Appellant
Versus
State of MP through the PS Kawardha, Distt: Rajnandgaon, MP – Respondent
JUDGMENT :
Parth Prateem Sahu, J.
1. Appellants have preferred this appeal challenging impugned judgment of conviction dated 19.07.2000, whereby appellants have been convicted for offence defined under Section 306 of IPC and have sentenced to undergo RI for 8 years and to pay fine of Rs.1,000/- each, in default of payment of fine, additional RI of six months.
2. Facts relevant for disposal of this appeal are that Shiv Kumari (since deceased) was married to appellant-Ramavatar and residing in her matrimonial home at village-Ghothiya, Police Station-Kawardha. On 01.04.1999, at about 6 pm, Shiv Kumari suffered burn injuries. She was taken to the Hospital. During the course of treatment, her statement was recorded by the Executive Magistrate. She died on 06.04.1999 at about 2 pm. Based upon merg intimation, FIR was registered on 10.04.1999 by the Investigating Officer (PW8). After completion of investigation, Police submitted charge-sheet before the Court of competent jurisdiction against appellants for commission of offence under Section 306 of IPC and they were put to trial.
3. During trial, prosecution examined as many as 9 witnesses, such as PW1 Dhanesh Das, PW2 Chandrahas, PW3 Dr KK S
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
The judgment establishes that to prove abetment of suicide under Sec. 306 I.P.C., there must be evidence of instigation or aiding in suicide, and mere quarrels or demands without direct or indirect a....
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
The court established that mere allegations or hearsay evidence are insufficient for conviction under IPC Section 306; concrete evidence of instigation or aid in the act of suicide is essential.
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