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SANJAY KUMAR JAISWAL
Amrikan @ Ambika Prasad, son of Late Jokhan – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
1. The instant appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 1.5.2003 passed by the 5th Additional Sessions Judge (FTC), Ambikapur, Chhattisgarh in Sessions Trial No.227 of 2001, whereby the Appellants have been convicted and sentenced as under:
| Conviction | Sentence |
| Under Section 306 of the Indian Penal Code | Rigorous imprisonment for 5 years and fine of Rs.200 each in default of payment thereof additional rigorous imprisonment for 3 months |
2. Prosecution case, in brief, is that Saraswati, wife of Amrikan/Appellant No.1, was beaten and abused by the Appellants with the allegation that she did not know cooking food and this torture led her to commit suicide by hanging herself at Village Kerakachhar between 24th and 25th April, 2001. Her marriage was solemnised with Appellant No.1 Amrikan 5-6 years before the incident. Appellants No.2 and 3 are mother-in-law and elder sister-in-law of the deceased, respectively. Gauna (a post marriage farewell ceremony) of the deceased was performed one year prior to the incident during Dussehra festival and she h
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or encouragement by the accused, which was not proven in this case.
To establish abetment of suicide under Sec. 306 IPC, there must be clear evidence of instigation or encouragement by the accused, along with the necessary mens rea, which was not proven in this case.
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
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 main legal point established in the judgment is the need for direct or indirect acts of incitement to the commission of suicide, the requirement of mens rea for abetment, and the caution against ....
The court emphasized that mere allegations of harassment are insufficient for conviction under IPC Sections 306 and 498-A; clear evidence of instigation is necessary.
For a conviction under Section 306 IPC, clear evidence of instigation or incitement to suicide is essential; mere allegations of harassment are insufficient.
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.
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