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SANDEEP MEHTA
Kaushik @ Komal Acharya – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Sandeep Mehta, J. - The instant revision has been preferred by the petitioner herein for assailing the order dated 07.01.2021 passed by the learned Additional Sessions Judge (Woman Atrocities Cases), Jodhpur in Sessions Case No.12/2020, whereby the learned trial court, directed framing of charge against the petitioner herein for the offence punishable under Section 306 IPC.
2. No one has appeared to oppose this revision on behalf of the respondent No.2-complainant despite service of notice.
3. Briefly stated, facts relevant and essential for disposal of the revision are noted hereinbelow.
4. The respondent No.2 Chhagan Lal submitted a written report to the SHO, Police Station Pratap Nagar, Jodhpur on 02.04.2019 alleging inter alia that in the previous night, 3-4 miscreants came to his house and threatened his daughter and family members that if Guddi (deceased) was not betrothed to Komal (the petitioner herein), and was married off somewhere else, then the entire family of the complainant would be destroyed. The complainant alleged that his daughter Guddi's marriage was scheduled to be solemnized on 16.04.2019. He and his wife had gone to Basni for making preparations. About 0
Clear evidence of instigation is required to establish abetment of suicide under Section 306 IPC; mere emotional distress is insufficient.
The main legal point established was that in cases of abetment of suicide, there must be reliable prima facie evidence to establish the accused's instigation or abetment, which was lacking in this ca....
The central legal point established in the judgment is the requirement for reliable prima facie material or evidence to support a charge of abetment of suicide under Section 306 IPC.
The main legal point established in the judgment is the requirement of a clear mens rea and an active or direct act leading the deceased to commit suicide for the offence of abetment under Section 30....
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation, not just vague allegations of harassment.
The court established that for a conviction under Section 306 IPC, there must be clear evidence of instigation or encouragement to commit suicide, which was lacking in this case.
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