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S. S. SUNDAR, SUNDER MOHAN
Santhosh @ Santhoshkumar – Appellant
Versus
State rep. by – Respondent
JUDGMENT:
(Order of the Court was delivered by SUNDER MOHAN, J.)
This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him vide judgment dated 02.12.2021 in Spl.S.C.No.3 of 2020 on the file of the learned Principal Sessions Judge, Tiruppur.
2 (i) It is the case of the prosecution that the appellant and the deceased knew each other and they were in a romantic love relationship for about four years before the occurrence; that the deceased was studying in Arts College and belonged to Hindu, Mathari, a Scheduled Caste; that the accused belonged to Hindu, Boyar, which falls under MBC category; that on 03.11.2019 at about 8.30 p.m, the deceased along with her mother, her uncle, sister and grandmother, were proceeding towards the house of the appellant to request him to marry the deceased; that the appellant came in the opposite direction and the deceased requested the appellant to speak to her mother regarding the marriage; that the appellant insulted and humiliated her by uttering her caste name in a public place; that unable to b
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aiding by the accused, which was not present in this case. Mere refusal to marry does not consti....
The sufficiency of provable evidence is paramount in establishing guilt for abetment of suicide; mere words or allegations are insufficient without clear intent or instigation.
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
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.
Abetment under Section 306 IPC requires evidence of direct instigation and established mens rea; mere allegations of harassment are insufficient for conviction.
To convict under Section 306 IPC, clear proof of active instigation and direct acts leading to suicide is necessary; mere allegations of harassment are insufficient.
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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