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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Brij Raj Singh,J.
Sharad Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Brij Raj Singh, J.
1. The present application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No.5450 of 2016, State Vs. Sharad Kumar and another, arising out of Case Crime No.135 of 2016, under Section 306 IPC , Police Station Maheshganj, District Pratapgarh as well as the cognizance order dated 06.12.2016 passed by the Judicial Magistrate, Pratapgarh.
2. Facts, in brief, are that Shishir Kumar, elder brother of the applicants, consumed Sulphas on 27.05.2016 and he succumbed. Smt. Kanti Srivastava, wife of Shishir Kumar, informed the police about the said incident, which is entered vide Report No.26 of 27.05.2016 at 15.30 hrs. that her husband committed suicide by consuming Sulphas and inquest was also prepared on the same day. Thereafter, post- mortem was conducted on 28.05.2016. Opposite party no.2, brother- in-law of the deceased, lodged an FIR on 02.06.2016 making allegation that applicants abetted the deceased to commit suicide for the reason that the loan, which was advanced by the bank to the deceased, was to be repaid by the applicants and the deceased, who are real brothers, but the applicants refused to repay t
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.
Section 306 of IPC reads as abetment of suicide.
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....
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
Continuous harassment and threats can constitute instigation for abetment of suicide under IPC, necessitating careful examination of circumstances surrounding the act.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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