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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Kulwinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
1. Prayer
The jurisdiction of this Court has been invoked for the 2nd time under Section 483 of BNSS , 2023 grant of regular bail in FIR No.83 dated 22.05.2024 (Annexure P-1) under Sections 306 , 506, 34 of IPC , 1860 ( Section 506 deleted later on) registered at Police Station Lambi, District Sri Muktsar Sahib.
2. Facts
Facts as narrated in the FIR reads as under:-
“Statement of Gurpreet Singh son of Charhat Singh son of Gurdial Singh, resident of Village Kangan Khera, aged about 24 years, Mobile No. 98784 38639. Stated that I am residing at above noted address and is agriculturist by profession. We are two brothers & one sister. All three are married. The marriage of my elder brother Lovepreet Singh had taken place on 19.2.2024 with Kulwinder Kaur daughter of Ram Chand, resident of Village Burj, Tehsil Ratia, District Fatehabad (Haryana) as per religious rites & ceremonies. After few days from marriage, my sister in law (bharjai) Kulwinder Kaur started having quarrel with my brother Lovpreet Singh. The dispute kept rising with the passage of time. My brother Lovpreet Singh started remaining silent & sad. I asked my brother time & again as to what is re
The absence of a suicide note and lack of evidence for instigation in a marital dispute do not justify a charge under Section 306 IPC, highlighting the need for substantial proof in abetment cases.
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
The need for a clear mens rea and an active act to establish abetment under Section 306 IPC, and the consideration of trial delay due to the pandemic as a factor in granting bail.
The decision to grant regular bail was based on the lack of criminal antecedents, the examination of material witnesses, and the likelihood of a lengthy trial for the case to conclude.
The court considered the lack of a suicide note and the debatable issue of whether an offence under Section 306 IPC is made out as crucial factors in allowing the bail petitions.
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
The necessity of active instigation or aiding in committing suicide, mens rea, and a direct act intended to push the deceased into committing suicide for conviction under Section 306 IPC.
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