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SANJAY KUMAR DWIVEDI
Pradip Chudiwala @ Pradeep Churiwala – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioners, Mr. Manoj Kumar, learned counsel for the State and Mr. Saurabh Shekhar, learned counsel for the O.P. No. 2.
2. The present petition has been filed for quashing of entire criminal proceedings including the First Information Report in connection with Bishtupur P.S. Case No. 93 of 2022 registered for the offence under sections 306/384/120-B/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Jamshedpur.
3. Mr. Ankit Agarwal has lodged the First Information Report alleging therein that on 05.05.2022 his brother namely, Rahul Agarwal died by committing suicide from the rooftop of capital DD Bar opposite Ram Mandir, Bistupur due to mental torture caused by lodging of a false F.I.R by his in-laws including his wife. It is further alleged that on 05.05.2022 at about 2:21 P.M. the informant received information through a Video sent by his deceased brother Rahul Agarwal in which he narrated that due to continuous mental torture and public defamation he is going to commit suicide. It is further alleged that after receiving the said information from the concerned O.C., Sonari P.S.,
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 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....
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.
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 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 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, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
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.
To establish abetment of suicide under Section 306 IPC, there must be clear mens rea and an active role by the accused, which was absent in this case.
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