HIGH COURT OF GUJARAT
J.C. DOSHI
Bharatbhai Virsangbhai @ Virchandbhai Baro – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(J.C. DOSHI, J.)
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed for quashing and setting aside FIR being C.R.No.I – 11192061200541 registered with Viramgam Station, for the offences punishable under Sections 306, 114 of the IPC as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioner herein.
2. Brief facts of the case are as under:-
3. That on 21.03.2020, the day on which, the deceased resorted to commission of suicide, his nephew first informant now lodges an FIR as on the strength of two sets of suicide notes-cum-writings found from the pocket of the deceased as also from his house inter-alia alleging that the present applicant and other accused persons who were either agents or under the administration of Jeevan Rekha Saving Scheme, there were investments made through various agents like deceased which on a maturity date since administrators of Jeevan Rekha Saving Scheme were approached by the agents like deceased in order to the return the maturity amount to a given investor, it is alleged that in a monthly recurring account s
To establish abetment of suicide, clear instigation must be proven; mere financial disputes do not suffice.
Prosecution must prove instigation for suicide; mere financial pressure or delays in filing FIR do not meet necessary criteria under Section 306 IPC.
The court emphasized that to establish abetment of suicide under IPC, there must be clear evidence of instigation and mens rea, which was lacking in the FIR.
Successful quashing of FIR for abetment of suicide due to lack of evidence showing instigation as defined in IPC Sections 306 and 107, emphasizing the inability to establish necessary mens rea.
To establish abetment of suicide, there must be clear instigation or encouragement by the accused, which was absent in this case.
No evidence of instigation was found sufficient to support charges under IPC Sections 306 and 506(2).
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or encouragement, which was absent in this case.
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instig....
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
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