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ATUL SREEDHARAN
Shivcharan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Atul Sreedharan, J.
1. The present appeal has been filed by the appellant, aggrieved by the judgment and order dated 10-07-2019 passed by the II Additional Sessions Judge, Multai, District Betul, in Sessions Trial No. 101/2018. The appellant has been found guilty and convicted to suffer seven years RI for the of-fence under Section 306 IPC and a fine of Rs. 1,000/- with an additional RI of three months in default thereof. He has also been convicted for an offence under Section 498-A of IPC and sentenced to rigorous imprisonment for two years and fine of Rs. 1,000/- in default of the same, to undergo RI of an additional three months. With the consent of parties, this appeal is finally heard.
2. Briefly stated, the case of the prosecution is that the appellant herein who is a labourer, is the husband of the deceased Bhimibai. The marriage was solemnised with the consent of both the parties and their families on 16-05-2017. The deceased consumed poison and died on 04-07-2018, just about a year after she got married.
3. Vide order dated 10-12-2018, charges were framed against the appellant u/Ss. 304-B and 498-A of IPC. However, as the prosecution was unable to prove the demand o
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.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
Section 306 in Indian Penal Code reads as abetment of suicide.
Abetment under Section 306 IPC requires evidence of direct instigation and established mens rea; mere allegations of harassment are insufficient for conviction.
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
Section 107 of IPC, which reads as Abetment of a thing—A person abets doing of a thing, who— Firstly — Instigates any person to do that thing.
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