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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAHUL BHARTI
Rajnesh Sharma S/o Sh. Bansi Lal – Appellant
Versus
Union Territory of Jammu and Kashmir Through Commissioner/Secretary – Respondent
JUDGMENT :
01. Heard Mr. Supreet Singh Johal, Advocate for the petitioner and Mr. Dewakar Sharma, learned Dy. AG for the respondents.
02. The petitioner is an Assistant Professor (Political Science)posted in the Government Degree College (in short, "GDC"), Kathua. The petitioner’s posting as an Assistant Professor (Political Science) in GDC, Kathua dates back to 17.07.2017 and is also said to be the Head of the Political Science Department of the GDC, Kathua.
03. One of 1st semester students of GDC, Kathua, namely, Sanjay Kumar S/o Bodh Raj R/o Baghe Chak, tehsil & district Kathua committed suicide on 23.03.2022 at his home.
04. By reference to a purported suicide note said to have been penned down by said Sanjay Kumar in his own handwriting, an FIR no. 110/2022 for alleged commission of offence under section 306 of the Indian Penal Code, 1860 came to be registered by the Police Station, Kathua, therein naming the petitioner, as an accused, resulting in his arrest and consequent suspension from service as well.
05. The suicide note which came to form the purported basis of registration of the FIR no. 110/2022 is reproduced here under:-
"Suicide Note – meri life mai bahot ache ache dost a
Abetment of suicide requires clear evidence of intent to instigate or aid the act; mere mention in a suicide note is insufficient for prosecution under Section 306 IPC.
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....
1. At the stage when the High Court considers a petition for quashing under Section 482 of the Cr.P.C, the test to be applied is whether the allegations in the complaint as they stand, without adding....
306. Abetment of suicide.—If any person commits suicide, whoever abets commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, ....
Single WhatsApp message alleging threats insufficient for prima facie abetment of suicide under Section 306 IPC without evidence of instigation, mens rea or proximate act compelling suicide; FIR quas....
The court emphasized the need for thorough investigation into allegations of instigation to commit suicide, as indicated by the suicidal note and video clipping.
The main legal point established in the judgment is that mere harassment without positive action would not amount to an offence under Section 306 IPC, emphasizing the need for active instigation or f....
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.
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