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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE MANOJ KUMAR GARG, J
Mangal Singh, S/o Sh. Babu Singh – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Judgment :
(MANOJ KUMAR GARG, J.)
Instant criminal revision petition has been filed under Section 397 /401 Cr.P.C against the judgment and order dated 14.08.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi in Sessions Case No. 07/2023 whereby, the learned Judge ordered to frame charges against the petitioner for offences under Sections 306 IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
2. Brief facts of the case are that a written report was filed by the complainant Mukesh Kumar before the SHO, P.S Mount Abu stating therein that his brother Bhartendra Singh had started business of renting bikes similar to accused petitioner. It was alleged that the accused petitioner started harassing and abusing his brother due to which his brother committed suicide on 02.12.2022.
3. On this report, the police registered a case and started investigation. After due investigation, the police filed chargesheet against the present petitioner for the offence under Section 306 IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Thereafter, the case was committed to the court of learned Special Judge, SC/ST (Prevention of Corruption
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
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 Section 306 IPC, there must be clear evidence of instigation or aid by the accused, which is proximate to the act of suicide.
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.
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.
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 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 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 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.
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