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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. JUSTICE KAUSER EDAPPAGATH, J
Puthiya Purayil Shaji S/o Chandran – Appellant
Versus
State Of Kerala – Respondent
ORDER :
KAUSER EDAPPAGATH, J.
This Crl.M.C has been filed under Section 482 of the Criminal Procedure Code (Cr.P.C.) challenging Annexure A4 order passed by the Judicial First-Class Magistrate Court - II, Kannur (for short, 'the trial court'), adding the charge invoking Section 216 of Cr. P.C.
2. The petitioner is the sole accused in C.C. No.128/2010 pending on the files of the trial court. He faces indictment for the offence punishable under Section 498A of the Indian Penal Code (IPC). The 2nd respondent is the de facto complainant and the mother-in-law of the petitioner. The petitioner married the daughter of the 2nd respondent on 14.08.2005. After the marriage, they resided in the parental house of the petitioner. On 03.11.2005, the wife of the petitioner committed suicide by jumping into the well near the house where she was residing. The 2nd respondent filed Annexure A1 complaint against the petitioner, his brother and his friends before the trial court, alleging offences punishable under Sections 498A and 306 of IPC. The trial court forwarded the complaint to the Police. The Police registered the FIR and conducted the investigation. After the investigation, the Police filed the
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intentional aid, not merely allegations of cruelty.
The power to alter or add any charge is exclusive to the Court and there is no right in any party to seek for such addition or alteration by filing any application as a matter of right.
To establish an offence under Section 306 IPC, specific evidence of instigation or intent to aid suicide is essential; absent such evidence, proceedings can be quashed.
To establish abetment of suicide under Section 306 IPC, evidence of instigation or encouragement by the accused is essential; mere emotional turmoil does not suffice.
Point of law: Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in....
A Magistrate must provide a reasoned order when adding charges, ensuring all evidence is considered, particularly when prior reports do not support such additions.
To sustain a charge under Section 306 IPC, clear evidence of intentional abetment or instigation is required, with actions having a proximate link to the suicide.
For a charge under Section 306 IPC, there must be clear evidence of instigation or abetment linked to the victim's suicide; mere allegations of harassment are insufficient.
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