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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Amrit Singh, S/o. Makkhan Singh – Appellant
Versus
State of Chhattisgarh, Through Police of Police Station – Respondent
| Table of Content |
|---|
| 1. background of the case and prosecution's evidence. (Para 1 , 2 , 4) |
| 2. arguments by the appellant and respondent. (Para 5 , 6) |
| 3. court's analysis of the evidence and legal principles. (Para 7 , 8 , 20 , 22) |
| 4. ratio decidendi related to abetment of suicide. (Para 12 , 18 , 19 , 21) |
| 5. final ruling and orders by the court. (Para 23 , 24 , 25) |
Judgment :
Rajani Dubey, J.
1. This appeal under Section 374(2) of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 04.01.2013 passed by learned Sessions Judge, Korea, (Baikunthpur) C.G., in Sessions Trial No. 88/2009 whereby the trial Court convicted the appellant for the offence punishable under Section 306 of IPC and sentenced to undergo RI for 7 years and to pay fine of Rs. 1000/- and in default of payment of fine, to undergo additional RI for 6 months.
2. Case of the prosecution, in brief, is that Paramjeet Kaur, wife of Amrit Singh Sardar, aged about 30 years, R/o near Nepal Gate Charcha New Market, was admitted to Regional Hospital Charcha for treatment on 30.12.2008 in a 90% burnt condition. On the hospital memo sent by Dr. Ashok Kumar Viraji, Senior Medical Officer, the
Conviction for abetment of suicide under IPC requires proof of direct instigation or action closely linked to the act, which was not established in this case.
A dying declaration, while crucial, cannot solely support a conviction for abetment of suicide or cruelty without corroborative evidence and clear proof of intent.
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....
The court confirmed that to convict for abetment of suicide, clear evidence of instigation or intent must be established, which was not proven in this case.
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