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SHARAD KUMAR SHARMA
Lokesh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
The applicants herein are co-accused persons, who have been summoned for trial in Criminal Case No. 1138 of 2022, State Vs. Lokesh and Others, for the offence under sections 306 IPC, which was emanating, as a consequence of registration of the FIR being FIR No. 234 dated 30.07.2020, which has been registered by the complainant Praveen Kumar i.e. respondent no. 2 herein for the alleged involvement of the present applicants in commission of offence under section 306 of the Indian Penal Code.
2. As per the set of allegations which had been leveled in the FIR, there was a suicide note of the deceased which deciphers the act of abetment, as it has been averred in the complaint which was registered on 30.07.2020. The investigation was carried, the charge sheet has been submitted, being Charge Sheet no.1 dated 02.12.2021. The investigating officer, after examination of as many as 20 witnesses, had submitted the charge sheet before the Magistrate concerned, who has taken cognizance on the same for the purposes of trying the present applicants for the offence under section 306 IPC.
3. Learned counsel for the applicants submits, that if the simplicitor decipher of the set of allegati
The main legal point established in the judgment is that mere harassment without positive action would not amount to an offence under Section 306 IPC, emphasizing the need for active instigation or f....
Abetment of suicide requires clear evidence of intent to instigate or aid the act; mere mention in a suicide note is insufficient for prosecution under Section 306 IPC.
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....
Section 306 of IPC reads as abetment of suicide.
Denial of marriage does not constitute abetment of suicide under IPC without clear evidence of instigation or aiding the act.
1. At the stage when the High Court considers a petition for quashing under Section 482 of the Cr.P.C, the test to be applied is whether the allegations in the complaint as they stand, without adding....
Abetment of suicide – In order to convict a person for offences under Section 306 IPC, basic and essential ingredients of offence, whether death was suicidal and whether there was abetment and instig....
Point of law: Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in....
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