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IN THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Rabindra Nath @ Kumar Swain – Appellant
Versus
State of Orissa – Respondent
Judgment :
S.S. Mishra, J.
The present Criminal Appeal is directed against the judgment and order dated 24.01.1991 passed by the learned 1st Additional Sessions Judge, Cuttack in S.T. Case No.241 of 1990. By the said judgment, the learned trial Court while acquitting the appellant for the offence under Section 304-B of I.P.C., convicted him for the offence under Sections 498-A and 306 of I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961, and sentenced him to undergo R.I. for three months for the offence under Section 4 of the D.P. Act, R.I. for six months for the offence under Section 498-A of I.P.C. and R.I. for four years for the offence under Section 306 of I.P.C. All substantive sentences were directed to run concurrently.
2. The present appeal has been pending since 1991. When the matter was called for hearing, consistently none appeared for the appellant. Therefore, this Court requested Mr. Amulya Ratna Panda, learned counsel, who was present in Court to assist the Court as Amicus Curiae. He has readily accepted the same and after obtaining entire record, assisted the Court very effectively. This Court records appreciation for the meaningful assistance rendered by Mr
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.
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 ....
Section 306 in Indian Penal Code reads as abetment of suicide.
Abetment of suicide – There has to be clear mens rea to commit offence – Merely on allegation of harassment without their being any positive action proximate to time of occurrence on part of accused ....
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.
For a conviction under Section 306 IPC, clear evidence of instigation or abetment is required, which was not established in this case.
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