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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Hanuman, S/o. Shri Manphool Giri Gusain – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
SANDEEP SHAH, J.
1. By way of filing the instant criminal appeals, the accused- appellants have questioned the validity of the judgment dated 04.06.2013 passed by the learned Additional Sessions Judge No.2, Nohar, District Hanumangarh in Session Case No.10/2012 (06/2012) (32/11) titled “State v. Gourav @ Goru & Ors.” whereby the learned Trial Court has convicted the appellants for offences punishable under Section 306 IPC with rigorous imprisonment for a period of 7 years with a fine of Rs.5,000/-. In default of payment of fine further to undergo six months’ rigorous imprisonment.
Factual Matrix:-
2. The brief facts of the case are that based upon handwritten information dated 21.03.2011 (Exh.P1), given by Shankar Lal (PW-1) to the SHO Police Station Nohar, regarding death of Manoj Kumar, son of his younger brother Deendyal, at the shop belonging to Manoj Kumar, by way of committing suicide by hanging himself; inquest proceedings were initiated by the police officials. Subsequently, the police inspected the site and undertook the photographs of the deceased as well as site vide Exh.P3 and Panchnama was prepared vide Exh.P2. The police during the inquest proceeding No.11/11 u
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.
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
Section 306 of IPC reads as abetment of suicide.
The judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
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 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 ....
(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....
Ingredients of section 306 IPC discussed.
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