HIGH COURT OF GUJARAT
J.C. DOSHI
Gunvantbhai Prahladbhai Patel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(J.C. DOSHI, J.)
Seeking quashment of the FIR being I-CR No.86 of 2019 registered with Sarkhej Police Station for the offence punishable under Sections 306, 114 and 506(2) of the IPC, learned advocate for the petitioner Mr.Oza for the petitioner would submit that plain reading of the FIR does not disclose the essential ingredients of Section 107 of the IPC which quite needed to put the allegations of offence under Section 306 of the IPC. He would further submit that according to the FIR, the petitioner and his partner have given some construction work to the deceased to be completed within particular period and if the said work is completed prior to limit decided then petitioner will pay some more amount but since the petitioner and his partners have not paid the said amount, which promoted the deceased to commit suicide. In the submission of leaned advocate for the petitioner, the contents of the FIR is insufficient to make out the offence under Section 306 of the IPC. It is further submitted that petitioner is out of India for the period between 19/03/2019 and 26/07/2019 and in support thereof the copy of passport and is also enclosed showing the said fact and thus there is
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or encouragement, which was absent in this case.
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
Non-payment of dues alone does not constitute abetment of suicide under IPC without clear evidence of instigation or overt acts by the accused.
No evidence of instigation was found sufficient to support charges under IPC Sections 306 and 506(2).
The judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
The main legal point established in the judgment is the requirement of a proximate and live link between alleged instigation or illegal acts and the subsequent suicide, the absence of mens rea and po....
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.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or direct causation linked to the act of suicide, which was not present in this case.
To establish abetment of suicide, clear instigation must be proven; mere financial disputes do not suffice.
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