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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Joginder – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR, J.
1. The present revision petition has been filed for setting aside the order dated 03.02.2016 (Annexure P-1) passed by Court of learned Additional Sessions Judge, Karnal in Sessions Case No.29/15 dated 21.10.2015 arising out of FIR No.536 dated 01.08.2015 registered under Section 306 of IPC at Police Station Sadar, Karnal, whereby charge under Section 306 of IPC has been framed against the petitioner.
2. Brief facts of the prosecution case are that on 01.08.2015, an information was received in the Police Station that one Krishan resident of Mohadinpur has committed suicide by hanging himself. After receiving this information, ASI Naresh Kumar along with Head Constable Randhir Singh reached at his house, where his father Ram Parkash met him and got recorded his statement to the effect that he has got four daughters and one son, who all are married. His son Krishan, aged 30 years, was married in Village Nagla Megha and his wife Seema had died in a road accident at Kaithal on 21.07.2015. Today, at about 08:00 PM, his son informed him that Joginder (petitioner) has threatened him that in case he will pursue the case relating to the death of his wife, he
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
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