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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
Sagata Ram S/o Sh. Roopa Ram – Appellant
Versus
State Of Rajasthan – 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 22.09.2022 passed by learned Additional Sessions Judge No.1, Barmer in Sessions Case No. 107/2020 whereby, the learned Judge ordered to frame charges against the petitioner for offences under Section 306 IPC.
2. Brief facts of the case are that a written report was filed before the Police station, Kotwali Barmer stating therein that his cousin brother was a contractor working in a firm called MR Shiv Construction Company. It was alleged that petitioner Sagata Ram and Mana Ram were jointly working in the firm as partners. It was alleged that petitioner Sagata Ram was indulged in illegal activities and wanted to oust Mana Ram from the partnership firm. Therefore, he engaged new partner Hanuman Ram Beniwal and started mounting pressure upon Mana Ram bringing the partnership firm to the verge of insolvency. It was alleged that petitioner continuously harassed Mana Ram due to which he committed suicide.
3. On this report, the police registered FIR for offence under Section 306 IPC and started investigation. After due investigation, the police filed c
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.
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 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.
Conviction under Section 306 IPC requires clear evidence of instigation or participation in suicide; mere allegations or psychological pressure are insufficient to establish abetment.
(1) Abetment of suicide – Act of abetment must be proved and established by prosecution before he could be convicted under Section 306 IPC.(2) Hyperboles employed in exchanges should not, without any....
The main legal point established in the judgment is the requirement of specific intent and the absence of evidence of instigation or intentional aid in the commission of suicide under Section 306 of ....
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