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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
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 suicide note was found in the pocket of his shirt and taken into custody. Subsequently, on 10.07.2018, the FIR was registered against Respondent Nos. 2 and 3 for the offences under Sections 306 /506/34 of the IPC on the basis of the statement of the petitioner. It is the case of the prosecution that the victim used to ply his own vehicle and also run a general store at their home. Allegedly, at the instance of the victim, Respondent No.2 had advanced a loan of Rs.15 lakhs to one Sharif Khan, who had repaid only a su
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 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.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
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