HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Narendra Kumar Vyas, J
Ashok Agrawal S/o. Shri Kishan Agrawal – Appellant
Versus
State Of Chhattisgarh – Respondent
Order :
(Narendra Kumar Vyas, J.)
1. The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the order dated 25.10.2017 passed by the First Additional Sessions Judge, Raigarh, in Sessions Case No.101/2017 whereby charge under Section 306 and 201 of the IPC has been framed.
2. Facts of the case, in brief, are that deceased Priti Yadav was studying in class-10 at Kamla Nehru Public Higher Secondary School, Kharsia. It is alleged that on 17.07.2017 at about 9.30 AM, the victim had gone to school and during class time at third period, she reached the roof of the school and jumped on the ground from the roof and thereafter she was admitted in Metro Hospital at Raigarh for treatment where she died at about 4.50 PM on the same day. It is alleged that because of non-deposition of re-admission fee and also monthly fee, she was ill treated with some harsh words as the fee was not being paid by her within time, therefore, she committed suicide by jumping from the roof of the school. The information of death was sent to Police Station Chakradhar Nagar and on the basis of information, unnumbered merg under Section
Geo varghese v. State of Rajasthan
State of Maharashtra Vs. Som Nath Thapa
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
The main legal point established in the judgment is the requirement of specific intent and the absence of evidence of instigation or intentional aid in the commission of suicide under Section 306 of ....
The main legal point established in the judgment is that for an offence under Section 306 of IPC, there must be active suggestion, instigation, or encouragement on the part of the accused to abet the....
Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.
At the stage of framing charges, even a strong suspicion is sufficient to frame the charges, and the requirement of mens rea for abetment of suicide under IPC 306.
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
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 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.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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