Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Samundra Singh – Appellant
Versus
State – Respondent
Order :
1. All these three misc petitions have been filed by the petitioners for quashing of FIR No. 65/2020 registered at Police Station Ramdeora, District Jaisalmer for offence under Sections 306, 447, 427 , 323 & 143 IPC and Sections 3(1)(g), 3(1)(r) & 3(1)(y) of SC/ST (Prevention of Atrocities) Act .
2. An FIR No. 65/2020 came to be registered on the basis of Parcha bayan of Girdhari lal S/o Pratapa Ram in which he stated that on 13.09.2020, Samandar Singh, Babu Singh Tanwar, Jhabar Singh, Madhu Singh, Aam Singh, Derawar Singh and Dilip Singh came to his Dhani and beaten him and his brother Babu lal. It was alleged that they also broke his Water tank. He went to Tehsildar office to complain but Tehsildar was not in his office. Thereafter, he went to Police Station Pokaran, took petrol out of his motorcycle, poured on his body and lit himself. It was alleged that he has taken this step being troubled with Sarpanch and his family members. Initially the FIR was registered for offence under Section 447, 427, 423 , 143 IPC and Sections 3(1)(g), 3(1)(r) & 3(1)(y) of SC/ST (Prevention of Atrocities) Act but later on Girdhari lal succumbed to injuries and offence under Section 306 IPC wa
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aid by the accused, which is proximate to the act of suicide.
For a charge under Section 306 IPC, clear evidence of instigation or aiding in suicide is required; mere allegations of harassment are insufficient.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
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.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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.
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
