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SANDEEP SHARMA
Radhey Shyam Garg – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Instant appeal filed under Section 374 of the Code of Criminal Procedure, lays challenge to judgment of conviction dated 23.06.2009 and order of sentence dated 27.06.2009, passed by learned Additional Sessions Judge, Solan, District Solan, Himachal Pradesh, in Sessions Trial No.1-S/7 of 2009, whereby learned court while holding appellant Nos. 1 to 4(hereinafter referred to as the ‘accused’) guilty of their having committed offence punishable under Section 306 read with Section 34 IPC, convicted and sentenced them to undergo simple imprisonment for two years and pay fine of Rs. 25,000/- each and in default of payment of fine, to further undergo simple imprisonment of six month.
2. For having bird’s eye view, certain undisputed facts, which may be relevant for proper adjudication the case at hand are that on the basis of statement made by complainant Smt. Neeru Shamra (PW-1) under Section 154 Cr.P.C, wherein she alleged that her deceased son Gaurav Rattan committed suicide after being harassed and mentally tortured by the appellants-accused, police lodged the FIR Ex.PW7/C against the appellants-accused. In nutshell, the case of the prosecution is that on 8.
‘Spare the rod and spoil child’ an old saying may have lost its relevance in present days and Corporal punishment to child is not recognised by law but that does not mean that a teacher or school aut....
Section 306 of IPC which reads as abetment of suicide.
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, there must be clear evidence of instigation or aiding, which was absent in this case.
To convict under Section 306 IPC, clear proof of active instigation and direct acts leading to suicide is necessary; mere allegations of harassment are insufficient.
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 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.
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
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