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SUMEET GOEL
Ram Nath Chadha – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.:- Present appeal is directed against the judgment dated 31.07.2015 passed by the learned Additional Sessions Judge, Pathankot, whereby respondent No.2 (herein) was acquitted from the charge under Section 306 of the IPC by granting him the benefit of doubt.
2. In the present appeal, the pertinent facts for adjudication are that the FIR No.09, dated 15.03.2014, was lodged against the accused- respondent No. 2, namely Davinder Singh S/o Kartar Singh, resident of village Chak Bhariyan, Tehsil and District Pathankot, under Section 306 of the Indian Penal Code (for brevity the ‘IPC’) at Police Station Sadar, Pathankot. The matter proceeded to trial before the Court of learned Additional Sessions Judge, Pathankot, which concluded its proceedings and, vide judgment dated 31.07.2015, acquitted the accused (respondent No.2 herein) of all the charges. The Court below held that the evidence brought on record by the prosecution does not meet the necessary standards laid-down under Section 306 of the IPC. Given the insufficiency of credible evidence, there is significant doubt regarding the involvement of the accused in the alleged offence & hence he ought to be acqu
To convict under Section 306 IPC, clear evidence of instigation or encouragement leading to suicide is required; mere allegations of harassment are insufficient.
The prosecution must prove guilt beyond reasonable doubt; failure to do so results in acquittal.
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.
Mere allegations of harassment are insufficient for conviction under Section 306 IPC; the prosecution must prove intentional abetment, with clear evidence linking the accused's conduct to the victim'....
Conviction under Section 306 IPC requires proof of direct instigation, conspiracy, or intentional aid in suicide; generalized harassment allegations without proximate acts inciting suicide are insuff....
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
The prosecution must prove guilt beyond reasonable doubt; mere allegations of harassment are insufficient for abetment of suicide without clear evidence of instigation.
To establish abetment of suicide under IPC Section 306, clear evidence of instigation or incitement is required, which was not proven in this case.
The prosecution must provide clear evidence of instigation or provocation for a conviction under abetment of suicide; mere allegations of harassment are insufficient.
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