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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Hari Singh, S/o. Late Bahadur Singh – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Rajani Dubey, J.
1. Since the aforesaid criminal appeal and acquittal appeal arise out of the same judgment, they are being heard together and decided by this common judgment.
2. The aforesaid Criminal Appeal No. 82/2013 and ACQ No. 159/2014 are directed against the impugned judgment dated 24.12.2012 passed by learned 1st Additional Sessions Judge, Durg, District Durg (C.G.), in Sessions Trial No.106/2010 whereby, appellant in CRA No.82/2013 has been convicted under Section 306 of IPC and sentenced him to undergo R.I. for 07 years with fine of Rs.2,000/-, with default stipulation, and respondents No. 3 to 5 in ACQ No. 159/2014 have been acquitted from the offence under Sections 304-B and 302 of IPC.
3. In the present case, on 17.04.2003, marriage of accused/appellant – Hari Singh in CRA No.82/2013 was solemnized with Geeta Devi Singh (since deceased). The acquitted respondent Nos. 2 to 5 in ACQ A. No. 159/2014 are brother-in-law, sister-in-law and mother-in-law, respectively.
4. The prosecution story, in brief, is that at the time of marriage, pursuant to the demands of the accused persons, the family members of the deceased had given a sum of Rs.1,50,000/- along with gold or
To sustain a conviction under Section 306 IPC for abetment of suicide, there must be clear evidence of intention and proximate acts that directly instigate the victim, which was lacking in this case.
The main legal point established in the judgment is the requirement for substantial and credible evidence to prove serious offences like harassment and abetment of suicide. The judgment also emphasiz....
The prosecution must provide clear evidence of instigation or provocation for a conviction under abetment of suicide; mere allegations of harassment are insufficient.
In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.
The main legal point established in the judgment is the requirement for substantial and compelling reasons to disturb a trial court's acquittal, given the presumption of innocence in favor of the acc....
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....
The prosecution must prove beyond reasonable doubt that the accused's actions directly abetted the suicide, with evidence of cruelty being essential for conviction under IPC Sections 498-A and 306.
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