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DEEPAK ROSHAN
Radhe Shyam Paswan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. This criminal appeal is directed against the judgment of conviction dated 23.06.2003 and order of sentence dated 25.06.2003 passed by the learned Addl. Sessions Judge, Xth, Dhanbad in S.T. Case No. 256 of 2001, whereby the appellant has been convicted and sentenced to undergo simple imprisonment for five years for offence punishable under Section 306 of the Indian Penal Code.
3. The prosecution case, as per the Fardbayan dated 23.01.2001, in brief is that marriage of Rita Devi, daughter of the informant, was solemnized with the appellant four years ago from the date the fardbayan was lodged as per Hindu rituals and after marriage the informant had to give monthly maintenance to her daughter as his son-in-law was unemployed. It was further alleged that though the relation between his daughter with his son-in-law was smooth but her daughter had a strained relationship with her mother-in-law. As per the informant, on 23.01.2001, about 1 p.m. his son-in-law came to his quarter and informed him that Rita Devi had hanged herself. The informant, along with his wife went to find the body of her daughter lying on the grou
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or encouragement; mere harassment lacks sufficient immediacy to constitute such abetment.
Abetment under Section 306 IPC requires evidence of direct instigation and established mens rea; mere allegations of harassment are insufficient for conviction.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
The prosecution must prove the charges beyond reasonable doubt, and the absence of mens rea or guilty motive to instigate or abet the victim is crucial in cases of abetment of suicide.
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
The judgment establishes that to prove abetment of suicide under Sec. 306 I.P.C., there must be evidence of instigation or aiding in suicide, and mere quarrels or demands without direct or indirect a....
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