Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL, J.
Rajaram S/o Bagha Nayak - Appellant
Versus
State of Chhattisgarh - Respondent
CRA No. 437 of 2010, CRA No. 513 of 2010
Decided on : 31-07-2024
(A) Indian Penal Code, 1860 - Section 306 - Abetment of suicide - Conviction and sentence of 5 years R.I. with fine imposed by trial court set aside - Evidence insufficient to establish instigation or abetment by appellants - No continuous or proximate conduct shown that compelled deceased to commit suicide - Appeals allowed, appellants acquitted. (Paras 20, 19, 18, 17, 16)
ORDER :
1. Both these appeals are arise out of the common sessions trial and common judgment and therefore both these appeals are being heard and decided together.
2. The present appeal under Section 374(2) of Code of Criminal Procedure filed by the appellants against the judgment of conviction and sentence dated 23.06.2010 passed by learned Additional Sessions Judge, (FTC) Pendra Road District – Bilaspur in Sessions Case No. 43 of 2009 whereby the appellants have been convicted for the offence under Section 306 of IPC and sentenced R.I for 5 years (to each of the appellants) with fine of Rs. 500/- (in default of payment of fine further R.I for five months to each of the appellants).
3. The brief facts of the case are that on 13.01.2009, at about 4:30 p.m. there was a dispute ensued between the deceased Ramdhan and the appellants Rajaram and Mahadev on the issue of fencing on the kitchen garden of the respective houses of the deceased as well as present appellants. The appellant Mahadev is the son of the deceased. Some altercation took place there and due to this the deceased left his house. After about 11 days, the dead body of the deceased Ramdhan was found in a hanging condition with a tree in the field of Shyamlal. Sehdev PW-1 has lodged merg intimation Ex.P-1 to the police. Inquest Ex.P-4 was prepared in presence of the witnesses and thereafter the dead body was sent for its postmortem to Community Health Centre, Pendra, where Dr. Dharmendra Kumar Gahwai had conducted the postmortem of the dead body and gave his report Ex.P-10. While conducting the postmortem the doctor has found that a double layered cotton rope tightly encircled around the neck with truncated right side and knot present at right mastoid, after removal of the rope a reddish discolorrated skin (bruises) around neck with mark of knot at right mastoid, width of ligature mark is 2 c.m. circumference 360 degree, fracture of hyoid bone present, and doctor has opined that the cause of death is cardio respiratory collapse due to asphyxia produced by hanging on rope and mode of death is suicidal. Spot map Ex.-P/3 was prepared by the police and Spot map prepared by the Patwari is Ex.P-6. The rope has been seized vide seizure memo Ex.P-3(II). The FIR Ex.P-5 was registered against the appellant for the offence under Section 306, 34 of IPC. The appellants have been arrested on 15.02.2009. The statement of the witnesses under Section 161 of the Cr.P.C., is recorded and after completion of usual investigation charge-sheet was filed before the learned Judicial Magistrate First Class Pendra road. The case was committed to the Court of learned Sessions Judge from where the same has been transferred to the learned trial Court for its trial.
4. The learned trial Court has framed charges against the appellants for the offence under Section 306 of IPC. The appellants denied the charge and claimed trial.
5. In order to prove the charges against the appellants the prosecution has examined as many as 8 witnesses. The statement of the appellants under Section 313 of the Cr.P.C. have also been recorded in which they denied the circumstances appears against them, plead innocence and have submitted that they have been falsely implicated in the offence.
6. After appreciation of oral as well as documentary evidence led by the prosecution the learned trial Court has convicted the appellants for the offence and sentenced them as mentioned in opening paragraph of this judgment, hence this appeal.
7. Learned counsel for the respective appellants would submit that the appellants are innocent and have been falsely implicated in the offence. There are material, omissions and contradictions in the evidence of prosecution witnesses and prosecution has failed to prove its case beyond reasonable doubt. They would further submit that there is no instigation or abetment to the deceased by the appellants to commit suicide. They further submit that a simple altercation was took place between the appellant
To convict under Section 306 IPC, there must be 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.
To convict under Section 306 IPC, clear evidence of instigation or abetment must be established, which was not proven 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....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent 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.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
Administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view wh....
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
