ARVIND KUMAR VERMA
Sunil Kumar Rahuja, S/o. Late Harish Kumar Rahuja – Appellant
Versus
State of Chhattisgarh through the District Magistrate, Distt. -Raipur (C. G. ) – Respondent
ORDER :
Arvind Kumar Verma, J.
1. With the consent of the parties, matter is heard finally.
2. This appeal has been preferred by the appellant/accused being aggrieved with the judgment of conviction and order of sentence dated 04.08.2006 passed by the learned Sessions Judge, Raipur, (C.G.) in Sessions Trial No.222/2006, whereby the trial Court has convicted the appellant under Section 306 of IPC and sentenced R.I. for seven years and fine of Rs.5,000/- and in default of payment of fine, additional R.I. for one year.
3. Facts of the case in brief is that the deceased/Savita and the appellant/Sunil Kumar Rahuja had performed love marriage in Arya Samaj Mandir, Raipur after absconding their house. After some time of the marriage, the accused/appellant assaulted the deceased for dowry and demanded money for his tea shop. It is alleged by the father of the deceased that when the deceased Savita was come to her maternal home in Mahasamund, she told that what happened with her by her husband, at this instance, the father of the deceased had given the house hold articles to his daughter and had given a sum of Rs.13,000/- on the demand of the appellant, still the accused/appellant ill-treated/h
M. Mohan Vs. State Represented by the Deputy Superintendent of Police reported in (2011) 3 SCC 626
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
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.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
The court reinforced that to convict for abetment of suicide, clear mens rea and direct acts of instigation must be evidenced, mere disputes are insufficient.
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