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JASJIT SINGH BEDI
Naresh Kapoor – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present revision petition is being preferred against the order dated 16.08.2019 passed by the Additional Sessions Judge, Jalandhar and the charge-sheet dated 16.08.2019 whereby a charge for the offence punishable under Section 305 IPC has been framed against the petitioner.
2. The brief facts of the case as emanating from the pleadings are that FIR No. 34 dated 06.02.2019 came to be registered at Police Station Rama Mandi, District Jalandhar for the offence punishable under Section 306 IPC. The FIR was registered at the instance of one Rajesh Kumar Mehta who alleged that on the night intervening 05/06.02.2019, his adopted daughter, namely, Tanvi Mehta who was a student of KMV Secondary School, Pathankot Road, Jalandhar, had committed suicide at their house by hanging herself on the ceiling fan. It was alleged that as per the suicide note recovered from the person of the deceased, the extreme steps to commit suicide had been taken on account of the harassment meted-out to the deceased by the petitioner-Naresh Kapoor who was her Mathematics Teacher in school. The copy of the FIR is attached as Annexure P-1 to the present petition.
3. During the course
Disciplinary actions by teachers do not constitute abetment of suicide without evidence of intention to instigate, lacking mens rea necessary for charges under Section 305 IPC.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
‘Spare the rod and spoil child’ an old saying may have lost its relevance in present days and Corporal punishment to child is not recognised by law but that does not mean that a teacher or school aut....
Section 306 of IPC which reads as abetment of suicide.
The main legal point established in the judgment is the requirement of a proximate and live link between alleged instigation or illegal acts and the subsequent suicide, the absence of mens rea and po....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
(1) Abetment of suicide – Act of death must be committed by deceased himself, irrespective of means adopted by him in achieving object of killing himself.(2) Disciplinary measures adopted by a teache....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
The court established that mere allegations of humiliation without concrete evidence do not suffice to constitute abetment of suicide under Section 306 of the IPC; instigation or intentional aid must....
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
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