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ANIL VERMA
Sharad – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Petitioner has preferred this criminal revision under section 397 & 401 of Cr.P.C. being aggrieved by the impugned order dated 15.5.2023 passed in S.T. No.58/2023, whereby the charge under section 306 read with section 34 of IPC has been framed against the petitioner.
2. As per the prosecution story, complainant lodged an FIR at P.S. Jeevajiganj, Ujjain on 17.8.2020 by stating that his son Akash was having some financial transaction with the petitioner/accused prior to the incident. On 16.8.2020 present petitioner mentally and physically harassed the deceased for non payment of his money, due to which on 17.8.2020 in the morning time Akash has committed suicide by hanging himself. The deceased also left a suicide note in which name of the petitioner has been mentioned. After the Merg inquiry, offence has been registered against the present petitioner and other co-accused persons.
3. Learned counsel for the petitioner contended that petitioner is innocent and he has been falsely implicated in this matter. Mere demand of borrowed amount cannot be considered as abetment of suicide. The impugned order passed by the learned trial Court is contrary to the law and facts and the mat
Ingredients of Section 107 of I.P.C. must be present to make out a case under Section 306 of I.P.C - Supreme Court has held that to constitute “instigation”, a person, who instigates another has to p....
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....
Mens rea and active instigation are essential for establishing abetment of suicide under section 306 IPC.
For a conviction under Section 306 IPC, clear evidence of instigation or active participation in the act leading to suicide must be established, which was not present in this case.
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