Back
SUDESH BANSAL
Gopal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - This appeal under Section 374 CrPC has been filed challenging the judgment dated 25.2.1991 in Sessions Case No.115/1990 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Jaipur whereby accused-appellants have been convicted for offence under Section 306 IPC and sentenced to undergo seven years rigorous imprisonment, with fine of Rs. 100/-, in default to further undergo one month rigorous imprisonment.
2. Heard counsel for appellant, learned Public Prosecutor and perused the record.
3. At the outset, it is note worthy that appellant accused No.1 Gopal has passed away during course of this appeal on 18.05.2016 and none of his surviving relatives have come forward to challenge his conviction, therefore, appeal on behalf of accused appellant No.1 Gopal stands abated as per Section 394 CrPC on account of his death. However, appeal for accused appellant No.2 Manphool Decvi survives, hence, legality and validity of conviction of accused appellant No.2 for offence u/s. 306 IPC is being considered on merits.
4. The factual matrix of the case is not in dispute that one lady namely Kamla locked herself in a room on 10.03.1988, poured kerosene oil
To convict under Section 306 IPC, clear mens rea and evidence of instigation must be established, which was not proven in this case.
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
Mens rea must be clearly established for abetment of suicide; the accused's intoxication and actions did not demonstrate intent to drive the victim to suicide, necessitating evaluation of multiple co....
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
Section 306 in Indian Penal Code reads as abetment of suicide.
For a conviction under Section 306 IPC, clear evidence of instigation or abetment is required, which was not established in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
