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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJIV KUMAR
Rameshwar Prasad Gupta – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SANJIV KUMAR, J.
1. This criminal appeal, under Section 374 (2) Code of Criminal Procedure, 1973 (in short ‘Cr.P.C.’), has been preferred by appellant, Rameshwar Prasad Gupta, against judgment and order dated 31.01.1985 passed by Mr. Badri Niwas, Ist Additional Sessions Judge, Ballia, in Sessions Trial No. 124 of 1983 (State Vs. Lachia Devi and others), arising out of Case Crime No. 259 of 1982, under Sections 306 IPC, Police Station Sukhpura, District Ballia.
2. By the impugned judgment and order, appellant-Rameshwar Prasad Gupta, was convicted and sentenced to undergo rigorous imprisonment for five years and awarded a fine of Rs.1000/- for offence punishable under Section 306 IPC, with default stipulation.
3. Brief facts of the prosecution case are that the first informant Paras Nath Gupta, son of Late Kedarnath Gupta, resident of Dildarnagar, Police Station Dildarnagar, District Ghazipur, filed a written application (Tahrir) dated 13.12.1982, at Police Station Sukhpura, District Ballia, stating therein that his daughter, Manju, was married to Rameshwar Prasad Gupta, son of Awadh Prasad, resident of Hanumanganj, Police Station Sukhpura, District Ballia, about two years ago
Mere allegations of harassment are insufficient for conviction under Section 306 IPC; the prosecution must prove intentional abetment, with clear evidence linking the accused's conduct to the victim'....
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
Prosecution must establish clear intent and mens rea for abetment of suicide; mere allegations of harassment are insufficient for conviction under IPC.
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.
The judgment emphasizes the requirement of unqualified clarity and conviction in proving the accused's culpability under Section 306 IPC, highlighting the necessity of mens rea and a direct link betw....
Conviction under sections 306 and 498-A RPC requires clear evidence of harassment and direct causation of suicide, which was not established in this case.
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