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JYOTSNA SHARMA
Pawan Sut @ Ram Sukh Tiwari – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Pradeep Kumar Shukla, learned counsel for the appellant and Sri Jugal Kishore, learned AGA for the State.
2. This criminal appeal has been filed by the appellant-Pawan Sut @ Ram Sukh Tiwari challenging the order of conviction and sentence dated 24.04.2003 passed by the Additional Sessions Judge/FTC III, Sultanpur in ST No. 37 of 2021 whereby the appellant has been convicted under section 306 IPC and sentenced to undergo imprisonment of 8 years and a fine of Rs. 5,000/-and further 6 months in default of fine.
3. A number of legal and factual points have been raised by the appellant which shall be dealt with at appropriate stages in the body of the judgment.
4. Relevant facts in nutshell are as below:-
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.
The main legal point established in the judgment is the requirement of clear mens rea and direct or indirect acts of incitement to establish abetment of suicide under section 306 IPC. The court empha....
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
To convict for abetment of suicide, there must be clear evidence of the accused's intention to instigate or aid the victim's act, which was not present in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or aiding by the accused, which was not present in this case. Mere refusal to marry does not consti....
Administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view wh....
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
For conviction under Sections 306 and 498A, clear evidence of instigation or aiding in suicide is essential; mere allegations of harassment are insufficient.
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