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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
Bhanwar Singh S/o Heer Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
JUDGMENT :
MANOJ KUMAR GARG, J.
1. Instant criminal revision petition has been filed under Section 397/401 Cr.P.C against the order dated 01.12.2018 & 22.04.2019 passed by the learned Additional Sessions Judge, Jaitaran, District Pali in Sessions Case No. 29/2015 whereby, the learned Judge ordered to frame charges against the petitioners for offences under Sections 341, 323, 365, 306/149 IPC.
2. Brief facts of the case are that a written report was filed by the complainant before the police stating therein that on 21.05.2015, when his brother was coming back from Fulmal, the accused persons alongwith 5-6 other persons gave beating to complainant’s brother and robbed a sum of Rs.2 lcs. When his brother-in-law Kunna Ram, brother Bhagwan Ram and Sohan lal asked him, he informed that the accused persons had beaten him and threatened to kill him. On the very next day, Kunna Ram received a phone call regarding hanging of Kishan lal from a tree.
3. On this report, the police registered FIR no. 235/2015 for offence under Sections 302, 201, 147, 147, 149 IPC and started investigation. After due investigation, the police filed chargesheet against the present petitioners for the offence under Sec
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.
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.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
For a conviction under Section 306 IPC, clear mens rea and direct acts of instigation or aid are required, and mere allegations of harassment are insufficient to establish abetment.
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.
Conviction under Section 306 IPC requires clear evidence of instigation or participation in suicide; mere allegations or psychological pressure are insufficient to establish abetment.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
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