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JASGURPREET SINGH PURI
Sukhwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the FIR No.64 dated 24.05.2018, under Section 306 of the INDIAN PENAL CODE , registered at Police Station City Raikot, District Ludhiana alongwith all other consequential proceedings arising therefrom.
2. In the present case, notice of motion was issued by this Court on 09.11.2021 and thereafter an application was filed by the petitioner for placing on record some documents including the supplementary report qua the petitioner under Section 173 of the Code of Criminal Procedure. In the application as well notice was issued by this Court. The Registry of this Court has reported that respondent No.4, who is the complainant, has been served. Rather as per the report of the Registry, respondent No.4 has been served both in the main case as well as in the application. The summons have been received by respondent No.4 after fixing signatures. Photocopy of both the aforesaid reports are Marked as 'X' and 'Y', respectively and shall become a part of the present order. Respondent No.4 has not caused appearance despite being served twice. As such
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, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
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.
Abetment of suicide under Section 306 IPC requires direct incitement or actions leading to suicide; mere allegations of harassment are insufficient.
The judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
The main legal point established in the judgment is that for the offence of abetment under Section 306 of the IPC, there must be a clear mens rea and an active or direct act leading the deceased to c....
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
Non-payment of dues alone does not constitute abetment of suicide under IPC without clear evidence of instigation or overt acts by the accused.
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