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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMEER JAIN
Rachana Devi – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 4 , 5 , 6) |
| 2. arguments for revisionists against abetment claims. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. arguments for the state and o.p. no.2 defending abetment claims. (Para 14 , 15 , 16) |
| 4. court's analysis on the discharge application. (Para 17 , 18 , 20 , 21) |
| 5. court's reasoning on lack of prima facie evidence. (Para 19 , 28 , 30 , 31 , 32 , 33) |
JUDGMENT :
SAMEER JAIN, J.
1. Supplementary affidavit filed by revisionists is taken on record.
2. Heard Sri Manoj Kumar Patel, learned counsel for the revisionists, Sri Anand Pati Tiwari, learned counsel for O.P. No.2 and Sri Kunwar Tejendra Bahadur, learned AGA for the State.
3. By way of instant revision following prayer has been made:-
" It is therefore, most respectfully prayed that this Hon'ble Court may very kindly be pleased to set-aside the impugned judgment and order dated 19.10.2023 passed by Sessions Judge Auraiya rejecting the discharge application under section 227 Cr.P.C. in Sessions Trial No. 828 of 2023 (State Vs. Rachana Devi and others) arising out of case crime no. 683 of 2022 under section 306 I.P.C. Police Station-Dibiyapur District-Auraiya., so that justice may don
For abetment of suicide under IPC Section 306, mens rea and instigation are essential. Mere marital discord and insults do not constitute sufficient grounds for abetment. The trial court committed il....
To establish abetment of suicide under Section 306 IPC, it must be proved that the accused's conduct directly instigated the victim to commit suicide, which was not demonstrated in this case.
Abetment of suicide under IPC necessitates proof of direct or indirect acts by the accused compelling the victim to commit suicide, which must be supported by credible evidence.
The opposition to a relationship, without further evidence, may not constitute abetment of suicide under Section 306 of the IPC and Section 3(2)(5A) of the Atrocities Act.
Abetment of suicide – There must be direct or indirect acts of incitement to commission of suicide.
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
The absence of provable instigation or direct involvement by the accused in the suicide precludes criminal liability under Section 306 IPC.
The main legal point established in the judgment is that for an offence under Section 306 of IPC, there must be active suggestion, instigation, or encouragement on the part of the accused to abet the....
The main legal point established in the judgment is the requirement of specific intent and the absence of evidence of instigation or intentional aid in the commission of suicide under Section 306 of ....
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