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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sachin Singh Rajput
Sushanto Alias Babu Mandal, S/o Durga Mandal – Appellant
Versus
State Of Chhattisgarh through its Police-Station – Pankhajur, District- Kanker (C.G.). – Respondent
Judgment :
(Sachin Singh Rajput, J.)
1. This appeal under Section 374 (2) of the Criminal Procedure Code, 1973 (for short Cr.P.C .) has been filed by the appellant being aggrieved by the judgment and order of sentence dated 04.11.2003 passed by the learned 1st Additional Sessions Judge, District Kanker, (C.G.) in Session Trial No. 460/2001 by which, learned trial Court held the appellants guilty of commission of offence and sentenced as described below -
| Conviction | Sentence | |
| 1. | U/s 306 IPC | 07 year rigorous imprisonment with fine amount of Rs, 1,000/- and in default of payment of fine, further R.I. for 6 months. |
2. Appellant along with two other accused namely Durgapad Mandal and Saraswati Mandal faced the trial for an offence punishable under Section 306 read with Section 34 of the IPC . The admitted facts of this case is that the appellant is the husband, co-accused Durgapad Mandal and Saraswati Mandal are the parents-in-law of the deceased Smt. Teena Mandal.
3. Case of the prosecution in nutshell is that the deceased Smt. Teena Mandal committed suicide by hanging herself on 24.02.2001 at her resident at village P.V. 108 Police-Station – Pankhajur. Pw-7 Dileep Majumdar was informed by accus
To convict under Section 306 IPC, clear evidence of instigation or abetment must be established, which was not proven 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.
In appeals against acquittal, the prosecution must prove guilt beyond reasonable doubt, and mere allegations of harassment are insufficient to establish abetment of suicide.
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.
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 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.
Mens rea must be clearly established for abetment of suicide; the accused's intoxication and actions did not demonstrate intent to drive the victim to suicide, necessitating evaluation of multiple co....
Mens rea is essential for abetment under Section 306 IPC; mere emotional disputes do not suffice to establish liability for suicide.
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