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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
State of Chhattisgarh, Through - District Magistrate Rajnandgaon – Appellant
Versus
Kamlesh Kumar, S/o Trilochan Sahu – Respondent
| Table of Content |
|---|
| 1. acquittal of accused in suicide case. (Para 1 , 2 , 3 , 4) |
| 2. arguments against the trial court's verdict. (Para 5 , 6) |
| 3. confirmation of suicidal nature of death. (Para 7 , 9 , 10) |
| 4. essence of abetment under ipc. (Para 8 , 19) |
| 5. analysis of evidence against the accused. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 20) |
| 6. trial court's acquittal justified. (Para 21) |
| 7. appeal dismissed, acquittal upheld. (Para 22 , 23) |
JUDGMENT :
Radhakishan Agrawal, J.
1. This appeal against acquittal has been preferred by the Appellant/State, arising out of the judgment dated 16.06.2015 passed by the Sessions Judge, Rajnandgaon, C.G., in Sessions Trial No. 89/2014, whereby the learned trial Court acquitted the accused persons/respondents herein of the charge under Section 306 read with Section 34 of the Indian Penal Code (for short, 'IPC').
2. Case of the prosecution, in brief, is that on 16.10.2014, at about 13:05 hours, respondent No.1- Kamlesh Kumar Sahu, husband of the deceased, lodged a merg intimation (Ex.P-19) stating that his marriage with the deceased-Teja Sahu was solemnized according to the rites and rituals of their community in the year 2011 and that both of them were w
Prosecution must prove abetment under Section 306 IPC requires clear evidence of instigation; the trial court's acquittal upheld due to lack of such evidence.
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.
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 appellate court must respect the presumption of innocence and not interfere with acquittal unless the trial court's conclusion is unreasonable.
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
Mere allegations of harassment without proximate actions leading to suicide do not constitute abetment under Section 306 RPC.
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