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ROBIN PHUKAN
Toko Tadap, S/o Toko Rido – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT :
Legality, propriety and correctness of order dated 07.09.2017, passed by the learned Sessions Judge, Yupia in Sessions Case No. 25/2017 (YPA), in Itanagar P.S. Case No. 145/2016, under Sections 120B/498(A)/306 IPC, in the matter of the State of Arunachal Pradesh –vs- Ramesh Chuku and Chuku Menu, is put to challenge in this revision petition, under Section 401 of the Code of Criminal Procedure, by Shri Toko Tadap, the informant of the case.
2. It is to be mentioned herein that vide the impugned order dated 07.09.2017, the learned Court below has discharged the accused Shri Chuku Ramesh and Chuku Menu, under Section 227 of the Cr.P.C. from the charge under Section 120B/498(A)/306/34 IPC.
3. The factual background leading to filing of this revision petition is briefly stated as under:
Lt. Toko Baby was in live in relationship with one Shri Chuku Ramesh and they were husband and wife since the year 2014, and resided at a quarter at Forest Colony, Itanagar. During the said relationship, respondent No.2 -Shri Chuku Ramesh subjected
For framing a charge under Section 306 IPC, there must be clear evidence linking an accused’s actions to the suicide; assumptions of harassment without evidence are insufficient.
To establish a charge under Section 306 IPC, there must be evidence of instigation or abetment, which can be inferred from the accused's actions that create circumstances leading the victim to commit....
The main legal point established in the judgment is the requirement of strong suspicion and examination of circumstances to determine instigation for abetment of suicide under Section 306 of IPC.
The main legal point established in the judgment is the requirement for sufficient material to proceed against the accused and the duty of the Court to consider the record of the case and evaluate th....
The court upheld the presumption of abetment of suicide under Section 113-A of the Evidence Act, affirming sufficient grounds for framing charges of cruelty and abetment against the petitioners.
The court emphasized the need for a prima facie case to be made out against the accused while framing charges, and the importance of considering the broad probabilities of the case and the total effe....
The main legal point established in the judgment is the requirement of evidence capable of suggesting that the accused intended to instigate the deceased to commit suicide for the offence of abetment....
The court ruled that at the charge framing stage, strong suspicion suffices to proceed against the accused, prioritizing witness testimonies and circumstantial evidence over the need for conclusive p....
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