HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JUSTICE DINESH MEHTA, J
Jasnath Swami S/o Bhomnath – Appellant
Versus
Bheeknath S/o Bhanwar Nath – Respondent
Judgment :
1. The present appeals have been preferred under section 372 r/w section 378 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘ Cr.P.C .’) by the appellant – complainant so also by the State against the judgment and order dated 09.12.2014 passed by the learned Additional Sessions Judge No.2, Jodhpur Metropolitan, Jodhpur (hereinafter referred to as ‘the trial court’), whereby the accused – persons namely Bhiknath, Bhanwar Nath and Vari Devi have been acquitted of the charges under section 306 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’) levelled against them.
2. Learned counsel for the appellant at the outset submitted that accused Bhanwar Nath (respondent No.2) has since passed away and the appeal against him has therefore, been abated. Ordered accordingly.
3. The facts appertain are that on 01.01.2006 one Dinesh @ Bhupendra Nath has committed suicide by hanging himself with a rope tied to the fan in his room.
4. Initially, the competent authority looked into the matter under section 174 Cr.P.C .; an inquest was issued however, no FIR was registered though a written complaint was submitted by the father of the deceased on 02.01.2006. T
To establish abetment of suicide under Section 306 IPC, there must be direct evidence of incitement or provocation by the accused, which was not proven in this case.
The central legal point established in the judgment is the requirement of mens rea and active instigation for conviction under Section 306 of the IPC, emphasizing the need for clear evidence to estab....
The main legal point established in the judgment is the requirement for concrete evidence to prove the intention of the accused to instigate the deceased to commit suicide, as well as the importance ....
Insufficient evidence of instigation led to the upholding of acquittal in abetment of suicide case, affirming that claims must be backed by credible corroborative evidence.
To convict under Section 306 IPC, instigation or abetment must be proximate to the suicide, and mere demand for money does not suffice as sufficient cause for abetment.
Abetment of suicide – In order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit offence – Act attributed should not only be proximate to time of suicide but shoul....
To establish abetment of suicide under IPC Section 306, clear evidence of instigation or incitement is required, 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.
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.
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