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MANJARI NEHRU KAUL
Kavita – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manjari Nehru Kaul, J.
This order shall dispose of above mentioned two cases as they both arise out of the same impugned order and similar questions of facts and law are involved in both the cases.
1(a). CRA-S-4648-SB-2016 has been filed by appellant-Kavita (hereinafter referred to as 'accused') to impugn the judgment of conviction dated 25.11.2016 and order of sentence dated 30.11.2016 passed by learned Additional Sessions Judge, Gurgaon whereby she was sentenced to undergo RI for a period of 05 years and to pay a fine of Rs. 10,000/- under Section 306 of the IPC and in default of payment of fine, to further undergo RI for 2 ½ months, in case FIR No.23 dated 07.05.2013 under Section 306 of the IPC registered at Police Station GRP, Gurgaon.
1(b). CRR-482-2017 has been preferred by, complainant Jai Singh Bhardwaj, seeking enhancement of aforementioned sentence awarded to the accused by the learned Trial Court.
Brief facts of the case
2. Before proceeding further, it would be apposite to give in brief the case as set up by the prosecution.
2(a). The aforesaid FIR (Ex.PP) was lodged at the instance of Jai Singh Bhardwaj (father of Dilbagh, hereinafter referred to as 'deceas
Mens rea is essential for abetment under Section 306 IPC; mere emotional disputes do not suffice to establish liability for suicide.
Mens rea must be clearly established for abetment of suicide; the accused's intoxication and actions did not demonstrate intent to drive the victim to suicide, necessitating evaluation of multiple co....
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 abetment must be established, which was not proven in this case.
The prosecution must prove beyond reasonable doubt that the accused's actions directly abetted the suicide, with evidence of cruelty being essential for conviction under IPC Sections 498-A and 306.
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
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