IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Manoranjan Tarei @ Tarai – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the petitioner’s plea against the charge. (Para 1) |
| 2. arguments contending insufficient evidence for charge. (Para 2) |
| 3. prosecution's assertions on dowry and cruelty. (Para 3) |
| 4. judicial considerations regarding framing charges. (Para 4 , 5 , 6) |
| 5. criteria for abetment and mens rea under ipc. (Para 8 , 9 , 10) |
| 6. court’s conclusion and order quashing charges. (Para 11 , 12) |
JUDGMENT :
V. Narasingh, J.
Heard learned counsel for the Petitioner, Mr. Kanungo, learned counsel for the State, Mr. Sahoo, AGA and learned counsel for the Opposite party No.2, Mr. Mohanty.
Revisionist-husband assails the framing of charge by the learned Asst. Sessions Judge, Baripada in S.T. Case No.220 of 2021 by order dated 25.03.2022 U/s. 498-A & 306 of IPC vide Annexure-1 and seeks the following relief.
“It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to set aside the order of charge dtd. 25.03.2022 framed against the petitioner U/s. 498-A, 306 1PC in S.T. Case No. 220 of 2021 arising out of Rasgovindapur P.S. Case No. 226 of 2020 pending before the Court of the Learned Assistant Sessions Judge, Baripada, in the interest of justice
Gian Singh v. State of Punjab & Anr.
Amalendu Pal @ Jhantu v. State of West Bengal
State of West Bengal v. Orilal Jaiswal and Anr.
S.S. Chheena v. Vijay Kumar Mahajan and Anr.
Sharad Birdhichand Sarda v. State of Maharashtra
Mere allegations of quarrel or disagreement in marital life do not constitute sufficient grounds for charges of abetment of suicide or cruelty under IPC Sections 306 and 498-A without clear evidence ....
The main legal point established in the judgment is the application of statutory law and principles for exercising power under Cr.P.C. in determining the framing of charges under Section 306 of IPC, ....
The main legal point established in the judgment is the requirement of strong suspicion and examination of circumstances to determine instigation for abetment of suicide under Section 306 of IPC.
For framing a charge under Section 306 IPC, there must be clear evidence linking an accused’s actions to the suicide; assumptions of harassment without evidence are insufficient.
Abetment to suicide under IPC Sections 306 and 498A necessitates proof of instigation or influencing behavior, requiring thorough examination in trial; mere allegations do not suffice.
At the stage of framing charges, even a strong suspicion is sufficient to frame the charges, and the requirement of mens rea for abetment of suicide under IPC 306.
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