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P. G. AJITHKUMAR
Meamana Baby, S/o. John Erumatheruvil – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
1. This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973. The 1st accused in S.C.No.137 of 2000 of the Additional Sessions Court (Adhoc-II), Kalpetta is the appellant. He challenges the judgment dated 14.03.2006 whereby he was convicted for an offence punishable under Section 306 of Indian Penal Code, 1860. He was sentenced to undergo simple imprisonment for five years and to pay a fine of Rs.50,000/- and in default of payment of fine, to undergo simple imprisonment for one year. If the fine amount is realised, the same shall be paid to the father of the deceased under Section 357(1) of the Code.
2. Brief facts of the case are that,- Smt.Lissy Thomas, daughter of PW1 was aged 28 years and employed as a Pharmacist in the Government Health Centre, Pozhuthana. She had a promising career. She was engaged to PW2 Ansal, who also was a promising youngster employed as a clerk in the KSRTC. They were looking forward to have a happy and peaceful married life. But the appellant had a different game plan. He had illicit intimacy with Smt.Lissy Thomas and with a view to satiate his wishes, he with the aid and connivance of accused 2 and 3, made every en
for constituting an offence under Section 306 of the IPC the prosecution must establish firstly that a suicide has been committed, and secondly that the person who is said to have abetted the commiss....
The court upheld the conviction under Section 306 IPC, affirming that the accused abetted the suicide, supported by credible evidence including the deceased's letters.
For conviction under Section 306 IPC, prosecution must prove intentional conduct by accused that instigated victim to commit suicide, supported by credible evidence, beyond reasonable doubt.
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
To convict under Section 306 IPC, clear proof of active instigation and direct acts leading to suicide is necessary; mere allegations of harassment are insufficient.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
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