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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 :
1. Supplementary affidavit filed by revisionists is taken on record.
3. By way of instant revision following prayer has been made:-
It is further prayed that his Hon'ble Court may kindly be pleased to stay the entire criminal proceeding initiated against the revisionists 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, pending before District and Session Judge Auraiya, during the pendency of the present Revision, otherwise the revisionists shall suffer an Irreparable loss and injury."
4. FIR of the present case was lodged on 14.11.2022 against revisionists and one another under Section 306 IPC and according to FIR, marriage of the son of O.P. No.
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 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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