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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Ashok Kumar Gupta @ Lallu S/o Motilal Gupta – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. This appeal arises out of the judgment of conviction and order of sentence dated 23.12.2006 passed by the Sessions Judge, Durg (C.G.) in Sessions Trial No. 180/2006, convicting the accused/appellant as under:-
| Conviction | Sentence |
| Under Section 498-A IPC. | R.I. for 01 year. |
| Under Section 306 IPC | R.I. for 05 years with fine of Rs.1000/-, in default of payment of fine to undergo additional R.I. for 03 months. |
2. According to the prosecution case, deceased Venu Gupta and appellant Ashok Kumar Gupta were in a love relationship for a year prior to the incident and they had performed marriage in Dongargarh temple and lived together as husband and wife. Meanwhile, the deceased became pregnant and both of them got married in the Court on 24/4/2006 before the Marriage Officer, Durg, had obtained a certificate (Ex.P-3) and started living together. During this period, the appellant started misbehaving and harassed her mentally and physically, due to which there was a rift between the two, and deceased Venu Gupta told her parents and family members about the continuous harassment by the appellant. In this regard, a social meeting was also convened, wherein appellant Ashok G
The court concluded that mere harassment without direct instigation to commit suicide does not satisfy the requirements of Sections 306 and 498-A IPC, thus leading to the acquittal of the appellant.
The judgment underscores the importance of establishing the specific elements of cruelty and abetment as required by the relevant legal provisions, and the discretionary nature of the presumption und....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or encouragement; mere harassment lacks sufficient immediacy to constitute such abetment.
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
The main legal point established in the judgment is that the prosecution must prove the intention of the accused to commit cruelty or abet suicide, and the evidence presented must be specific and cre....
Section 306 in Indian Penal Code reads as abetment of suicide.
The main legal point established in the judgment is the necessity to prove the elements of the offences under Sections 498-A, 304B, and 306 of the IPC, including the requirement to establish cruelty ....
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.
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