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VIJAY KUMAR SHUKLA
Rajesh S/o Mangilal Rathore – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This present revision petition is filed against the order dated 7-9-2022 passed by ASJ, Tarana District Ujjain in ST No. 40/2021, whereby, the charge of section 306 of the IPC has been framed against the applicant.
2. As per the prosecution case, the deceased committed suicide because of the harassment caused by the applicant for demanding the loan amount and excess interest on the same.
3. Learned counsel for the respondent/state opposed the prayer and submits that there is a suicide note left by the deceased. After perusal of the suicide note, it is noted that there is allegation that the deceased had taken loan from the applicant and he was demanding loan amount and interest.
4. It is alleged that he was being harassed by the applicant by demanding the excess interest on the same.
5. Learned counsel for the applicant submits that there is no basic ingredient of section 107 of IPC to constitute the offence under section 306 of IPC.
6. The Apex Court in the case of Chitresh Kumar Chopra vs. State of (Govt of NCT of Delhi), reported in 2009 (16) SCC 605, Shabbir Hussain vs. State of M. P. in SLP (Cri) No. 7284/2017, Amalendu Pal vs. State of West Bangal , reported in (2010) 1 SCC
Demand for loan repayment does not constitute abetment of suicide under IPC; instigation requires clear evidence of incitement.
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 main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
(1) Abetment of suicide – Act of abetment must be proved and established by prosecution before he could be convicted under Section 306 IPC.(2) Hyperboles employed in exchanges should not, without any....
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
Abetment of suicide – Accused must have mens rea to instigate deceased to commit suicide – Such instigation must be in close proximity to act of committing suicide.
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