RAJESH SINGH CHAUHAN
Kiran Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Nadeem Murtaza, learned counsel for the applicant and Sri S.P. Tiwari, learned Additional Government Advocate for the State. No one has appeared on behalf of the complainant nor any adjournment slip has been moved.
2. As per learned counsel for the applicant, the present applicant is apprehending her arrest in FIR No. 111 of 2021, under Section 306 IPC, Police Station Cantt, Lucknow East, District Lucknow.
3. Learned counsel for the applicant has further submitted that the applicant has falsely been implicated in this case as she has not committed any offence, as alleged in the prosecution story.
4. The attention has been drawn towards the impugned FIR which has been lodged on 15.07.2021, wherein the allegation has been levelled against the present applicant that on the basis of instigation of the present applicant, the victim has committed suicide. The basis of such allegation is one suicide note of the victim which was send to the social media. As per the suicide note, the victim has indicated that the responsible person for suicide of the victim is the present applicant who is mother-in-law of the victim.
5. Sri Nadeem Murtaza, learned counsel for the app
Re: Madan Mohan Singh Vs. State of Gujrat and Another reported in (2010) 8 SCC 628
Rajesh Vs. State of Haryana reported in (2020) 15 SCC 359
Arnab Manoranjan Goswami Vs. State of Maharashtra and Others reported in (2021) 2 SCC 427
The central legal point established in the judgment is the necessity of proving the intention and involvement of the accused to aid or instigate the commission of suicide, and the requirement of a po....
The necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The court found prima facie evidence of threats by the Applicant leading to the deceased's suicide, justifying the continuation of the FIR under Sections 306 and 34 of IPC.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
The judgment emphasizes the need for clear evidence of instigation or active facilitation to establish guilt in cases of abetment of suicide under Section 306 IPC.
There is no answer as to why suicides occur because it is impossible to ever fully comprehend or analyze what goes on inside a person’s mind. Suicidal ideation and behaviors in human beings are compl....
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