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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Sunil – Appellant
Versus
State Govt. of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to charge order. (Para 1 , 2) |
| 2. petitioner's claim of constant harassment. (Para 3 , 4 , 5 , 6) |
| 3. respondent's defense against allegations. (Para 7 , 8 , 9) |
| 4. scope of revisional jurisdiction. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. ingredients of abetment under ipc. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 6. assessment of evidence for instigation. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 7. discharge upheld; no prima facie case. (Para 31) |
| 8. conclusion of petition dismissal. (Para 32 , 33) |
JUDGMENT :
AMIT MAHAJAN, J.
1. The present petition is filed, inter alia, challenging the order on charge dated 06.01.2023 (hereafter ‘impugned order’), passed in SC No. 734/18 arising out of FIR No. 351/18 (‘FIR’), registered at Police Station Punjabi Bagh, whereby the learned Additional Sessions Judge (‘ASJ’), West District, Tis Hazari Courts discharged the accused respondents of the offence under Section 306 of the Indian Penal Code, 1860 (‘IPC’).
2. The brief facts of the present case are as follows:
2.1. On 04.07.2018, the husband of the petitioner/ complainant committed suicide by hanging himself from a ceiling fan at his home. During search of the victim’s body, a
The court established that mere financial distress and harassment do not constitute abetment of suicide under IPC Section 306 without clear intent to instigate such a decision.
(1) Abetment of suicide – Act of abetment must be proved and established by prosecution before he could be convicted under Section 306 IPC.(2) Hyperboles employed in exchanges should not, without any....
At the stage of framing charges, even a strong suspicion is sufficient to frame the charges, and the requirement of mens rea for abetment of suicide under IPC 306.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
The absence of provable instigation or direct involvement by the accused in the suicide precludes criminal liability under Section 306 IPC.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
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