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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. The present revision petition has been filed by the petitioners- accused challenging the order dated 23.08.2022 passed by the learned Additional Sessions Judge, Faridkot whereby charge has been framed against them under Section 306 read with Section 34 IPC, though in the operative part Section 305 IPC has been mentioned.
2. Learned counsel for the petitioners submits that the impugned order is legally unsustainable as the essential ingredients of abetment, as contemplated under Section 306 IPC, are not made out from the material placed on record. It is contended that there is no allegation of instigation, intentional aid or conspiracy attributable to the petitioners and the entire case rests upon vague allegations of alleged illicit relations. It is further argued that even if the prosecution case is accepted in its entirety, it does not disclose any proximate act on the part of the petitioners which could have driven the deceased to commit suicide, and therefore, the petitioners deserve to be discharged.
3. Per contra, learned State counsel has supported the impugned order and submits that the material collected during investigation, including the re
The absence of provable instigation or direct involvement by the accused in the suicide precludes criminal liability under Section 306 IPC.
Ingredients of Section 107 of I.P.C. must be present to make out a case under Section 306 of I.P.C - Supreme Court has held that to constitute “instigation”, a person, who instigates another has to p....
Abetment of suicide under IPC necessitates proof of direct or indirect acts by the accused compelling the victim to commit suicide, which must be supported by credible evidence.
Conviction under Section 306 IPC requires clear evidence of instigation or participation in suicide; mere allegations or psychological pressure are insufficient to establish abetment.
The main legal point established in the judgment is that for an offence under Section 306 of IPC, there must be active suggestion, instigation, or encouragement on the part of the accused to abet the....
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