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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA, J
Sanjeev Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The petitioners have filed the present petition for quashing of F.I.R. No.54/2022, dated 22.03.2022, registered at Police Station Barmana, Tehsil Sadar, District Bilaspur, H.P. for the commission of an offence punishable under Section 306 read with Section 34 of Indian Penal Code (“in short IPC”) and the consequential proceedings arising therefrom.
2. Briefly stated, the facts giving rise to the present petition are that the informant had gone to Anandpur on 10.03.2022 with the Truck bearing registration No. HP-24D-1272. He returned to his home on 12.03.2022 at 10:30 pm. He was informed by Anil Kumar that Savitri Devi (since deceased) had called him and told him that petitioners - Sanjeev Kumar, Kala Devi and Anjana Kumari had given beatings to her. They also threatened and abused her. The informant was told by his father at about 07:00 am that Savitri Devi had been missing since 13.03.2022. Search was made for Savitri Devi, but she could not be found. The matter was reported to police, and a missing report was registered on 14.03.2022. The dead body of Savitri Devi was found on 22.03.2022. The police registered the FIR and conducted the investigation
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or direct causation linked to the act of suicide, which was not present in this case.
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
The main legal point established in the judgment is that to constitute the offence of abetment of suicide under Sec. 306 of the Indian Penal Code, there must be a clear mens rea and a positive act on....
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instig....
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....
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