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DEEPAK ROSHAN
Gopal Rabidas – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant appeal is directed against the judgment of conviction and order of sentence dated 15.09.2003 and 16.09.2003, respectively, passed by learned Additional Sessions Judge-XI, Dhanbad corresponding to S.T. No. 101 of 2002, whereby the appellant has been convicted for the offence under Section 306 of the IPC and sentenced to undergo R.I. for a period of Four years with a fine of Rs.500/- and in default of payment of fine, further to undergo S.I. for two months.
3. The brief fact of the case is that the marriage of informant’s sister, Musari Devi-deceased was solemnized with the appellant in the year 1985 and two children were born out of their wed lock. On 19.02.2001, the appellant in order to kill his sister Musari Devi set fire on her and escaped. On hearing hulla, villagers came there and admitted her in the Central Hospital, Seraidhela where she died on 20.02.2001 during treatment.
4. Mr. Atanu Bernjee, learned counsel for the appellant has made following submissions:
(ii) None of the prose
The court reinforced that to convict for abetment of suicide, clear mens rea and direct acts of instigation must be evidenced, mere disputes are insufficient.
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
The essential elements of abetment under S.306 IPC must be established, involving direct actions or instigation prompting the individual to commit suicide.
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 Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
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.
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