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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Buli Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case and appeal (Para 1 , 2) |
| 2. arguments by the appellant challenging conviction (Para 3 , 4) |
| 3. court's reasoning on the evidence of prosecution (Para 5 , 6 , 7 , 12 , 13) |
| 4. clarification on the necessity of evidence for conviction (Para 14 , 15 , 25 , 26) |
| 5. legal standards for abetment of suicide (Para 17 , 18 , 19 , 20 , 22) |
| 6. nature of evidence in establishing guilt (Para 28 , 30 , 34) |
| 7. final conclusion and dismissal of the appeal (Para 36 , 37 , 39 , 40) |
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 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.
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