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MANISHA BATRA
Deepak – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The present petition under Section 438 of Code of Criminal Procedure has been filed by the petitioners seeking anticipatory bail in case bearing FIR No.150, dated 29.08.2023, registered under Sections 306 and 34 of IPC, at Police Station City Jalalabad, District Fazilka.
2. The facts relevant for the purpose of disposal of this petition are that on 29.08.2023 on receipt of an information regarding the death of one Pooja Rani wife of Birbal due to consumption of some poisonous substance and her dead body being kept at New Life Medicity Multi-speciality Hospital, Bathinda, a police party reached there, wherein the statement of complainant Rahul Kumar, brother of the victim Pooja Rani was recorded, who alleged that she was married with Birbal about 14-15 years back. They have four children. He further alleged that the present petitioners who are husband of sister-in-law and sister-in-law respectively of the deceased along with mother-in-law of the victim used to quarrel with her. On 28.08.2023 at around 9:30 AM on receipt of a call from her sister that the petitioners and her mother-in-law were quarrelling with her and she was deeply hurt due to their beh
For abetment of suicide, mere quarrels or angry words do not constitute instigation unless there is clear intention to aid or conspire in the act.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The necessary ingredients contemplated under Section 107 IPC for abetment to suicide were satisfied, leading to the dismissal of the anticipatory bail petitions.
The nature and gravity of the accusation, the antecedents of the accused, the possibility of fleeing from justice, and the impact of grant of anticipatory bail are crucial factors in determining the ....
The court ruled that mere familial disputes do not constitute abetment of suicide; clear evidence of active instigation is required for prosecution under Section 108 of BNSS, 2023.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
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