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HIGH COURT OF UTTARAKHAND
SHEETAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT :
Alok Mahra, J.
1. The present Criminal Revision has been filed impugning the judgment & order dated 15.02.2021 rendered by the learned Sessions Judge, District Pauri Garhwal, in Session Trial No. 02 of 2020, State Vs. Sheetal , whereby charge under Section 306, 386, 506 read with Section 34 of IPC were framed against the revisionist.
2. According to the prosecution, the deceased had written a suicide note which was recovered from the spot. In the suicide note it was mentioned that the revisionist and other accused persons are constantly black mailing the deceased and have duped him of Rs.15-16 lakhs in last four years and since his marriage with Ruchi Kapoor, they are constantly threatening to kill his son Ishan. After 2011 they are threatening the deceased to pay 5 lakhs, failing which they would kill his son. He further alleges that revisionist called the deceased on 1st, 8th & 9th November, 2013, where she threatened to kill his son or to pay the huge amount of money. The deceased have further mentioned now he can no more bear this black mailing by the revisionist and her family.
3. Learned counsel for the revisionist has submitted that the said suicide note is a forged
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 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....
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 under Section 306 IPC, clear evidence of instigation or culpable conduct by the accused is necessary.
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 the requirement of specific intent and the absence of evidence of instigation or intentional aid in the commission of suicide under Section 306 of ....
The judgment emphasizes the requirement of a proximate link between the alleged acts of the accused and the suicide by the deceased, as well as the need for clear mens rea to commit the offence under....
Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.
To convict under Section 306 IPC, instigation or abetment must be proximate to the suicide, and mere demand for money does not suffice as sufficient cause for abetment.
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