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SHEKHAR KUMAR YADAV
Kuldeep Nishad @ Deepu Nishad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHEKHAR KUMAR YADAV, J.
1. Learned AGA has filed counter affidavit today.
2. Supplementary affidavit and rejoinder affidavit has also been filed on behalf of applicant today. Let the same be taken on record.
3. Heard Mr. Gaurav Kakkar, learned counsel for the applicant and learned Additional Government Advocate for the State.
4. By means of this application, the applicant is seeking enlargement on bail in Case Crime No. 874 of 2017, under Sections 306 and 506 IPC, Police Station Meja, District Prayagraj.
5. Prosecution story is that the informant Ganga Ram Nishad has lodged the impugned FIR on 27.12.2017 alleging therein that his son Ramsagar was married to Puja, daughter of Ram Bhajan on 5th June, 2017. Accused Deepu son of Umesh Chandra Nishad alias Kallu Nipad was having illicit relation with his daughter-in-law Puja even before marriage and even after marriage, accused Deepu used to visit the matrimonial house of Pooja and was being tried to made physical relation with her at her matrimonial house and when Puja refused to do so, accused Deepu threatened her stating therein that he had made her sex video and would be viral on internet and Whatsapp. On the basis of that obsc
To establish abetment of suicide under Section 306 IPC, clear evidence of instigation or encouragement by the accused is required, which was absent in this case.
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.
To convict under Section 306 IPC, instigation or abetment must be proximate to the suicide, and mere demand for money does not suffice as sufficient cause for abetment.
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 ....
Point of law : The expression “abetment” has been defined under Section 107 IPC which we have already extracted above. A person is said to abet the commission of suicide when a person instigates any ....
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 main legal point established in the judgment is that the scope and ambit of Section 107 IPC and its correlation with Section 306 IPC were discussed, emphasizing the need for direct or indirect ac....
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
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.
Section 306 of IPC reads as abetment of suicide.
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