HIGH COURT OF GUJARAT
J.C. DOSHI
Keyur Nitinbhai Somaiya – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(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 petitioners have prayed for quashing and setting aside FIR being C.R.No.I – 212 of 2017 registered with Rajkot B Division Police Station, for the offences punishable under Section 306 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 30.9.2017 her son Divyesh alongwith his friend who are studying together in the school at about 3 O'clock in the afternoon playing with camera which was rented by them. It is stated that at about 6 O'clock a phone call was received and the person to whom camera belongs he has asked to return the same and asked to keep with the adjoining shop owner. It is stated that after 3 days one Nirav who resides in Arjun Society along with his friend Keyur both came and informed that the camera which was taken by son of the complainant some damage was made and it was asked to deposit expenses of the same. It is stated that after 3/4 days Divyesh has informed that one Nirav used to call him f
To establish abetment of suicide, there must be clear instigation or encouragement by the accused, which was absent in this case.
To establish abetment of suicide, clear instigation must be proven; mere financial disputes do not suffice.
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.
Prosecution must prove instigation for suicide; mere financial pressure or delays in filing FIR do not meet necessary criteria under Section 306 IPC.
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....
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.
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....
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
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).
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.