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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
Thameem Ansari, S/o. Batsha – Appellant
Versus
State rep by Inspector of Police – Respondent
| Table of Content |
|---|
| 1. facts of the marriage and circumstances leading to the suicide. (Para 2 , 3) |
| 2. details of police investigation and evidence collection. (Para 5 , 6) |
| 3. arguments regarding lack of evidence for abetment. (Para 8 , 9) |
| 4. responses and views from prosecution's side. (Para 10 , 18 , 26) |
| 5. legal definitions of abetment under section 306 ipc. (Para 15 , 17) |
| 6. court's finding of no mens rea and subsequent acquittal. (Para 29 , 30) |
JUDGMENT :
G.ARUL MURUGAN, J.
1. This Criminal Appeal has been filed challenging the conviction and sentence imposed on the appellant in S.C.No.357 of 2015 by judgment dated 02.11.2021 on the file of the Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai, whereby the appellant was convicted and sentenced to 10 years Rigorous Imprisonment and a fine of Rs.15,000/- in default to undergo Simple Imprisonment for 3 months.
2. The case of the prosecution is that the marriage between the appellant and the deceased Syed Sulthan Beevi was solemnized on 06.06.2004 as per the Mohammedan Laws and Customs. Out of wedlock, the couple had two daughters and were residing separately at a house in Velachery. From the time of marriage, the accused was not atten
Abetment under Section 306 IPC requires evidence of direct instigation and established mens rea; mere allegations of harassment are insufficient for conviction.
Mens rea must be clearly established for abetment of suicide; the accused's intoxication and actions did not demonstrate intent to drive the victim to suicide, necessitating evaluation of multiple co....
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
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....
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