IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Buli Swain – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Sanjeeb K. Panigrahi, J.
1. The Petitioner has filed the instant Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973/ Section 415 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellant jurisdiction of this Court. The appeal is preferred against the Judgment dated 29.07.2025 passed by the learned Additional District and Sessions Judge, Chandikhole, in C.T. Case No. 206 of 2012 and 219 of 2025 arising out of G.R. Case No. 726 of 2010, corresponding to P.S. Case No.206 of 2010, whereby the appellant was convicted for the offences under Section 306 r/w Section 34 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.5,000/- and in default of payment of fine undergo rigorous imprisonment for six months.
I. FACTUAL MATRIX OF THE CASE
2. The brief facts of the case are as follows:
(i) On 06.11.2020, the informant, Anjana Rout, the wife of the deceased Laxmidhar Rout, lodged a written report before the IIC of Badachana P.S. alleging that her father, step-mother, step-sister and step-brother had killed her husband, Laxidhar Rout.
(ii) The informant’s father, Karunakar, due to difference wit
Ude Singh v. Ramesh Kumar v. State of Chhattisgarh
Sharad Birdhichand Sarda v. State of Maharashtra
For conviction under Section 306 IPC, prosecution must prove intentional conduct by accused that instigated victim to commit suicide, supported by credible evidence, beyond reasonable doubt.
For conviction under Sections 306 and 498A, clear evidence of instigation or aiding in suicide is essential; mere allegations of harassment are insufficient.
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 convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
Conviction under IPC Sections 498A and 306 requires clear evidence of cruelty and instigation, which was not established in this case.
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
Mere allegations of harassment without proximate actions leading to suicide do not constitute abetment under Section 306 RPC.
Prosecution must establish clear intent and mens rea for abetment of suicide; mere allegations of harassment are insufficient for conviction under IPC.
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 ....
To convict under Section 306 IPC, clear evidence of instigation or abetment must be established, which was not proven in this case.
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