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G. S. AHLUWALIA
NISHA SAKET – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
(G.S. Ahluwalia, J.) :
Case diary is available.
2. This Criminal Revision under section 397/401 of Criminal Procedure Code has been filed against order dated 18-7-2022 passed by Sessions Judge, Umaria in S.T. No. 42/2022, by which charge under section 306 of Indian Penal Code has been framed against the applicant.
3. It is not out of place to mention here that applicant had also filed M.Cr.C. No. 31993/2022 thereby challenging the FIR, which was also listed on 15-3-2024. Since charges have already been framed and present Criminal Revision has been filed against the order framing charges, therefore M.Cr.C. No. 31993/2022 was dismissed as withdrawn with liberty to pursue this Revision.
4. The undisputed fact is that applicant is the wife of deceased Preetam Saket, whereas respondent No. 2/Smt. Radha Bai is mother-in-law of the applicant. It appears that Preetam Saket committed suicide by hanging himself in his Government accommodation. Marg enquiry under section 174, Criminal Procedure Code was registered. Dead body was sent for postmortem. Statements of witnesses were recorded and thereafter Police registered the FIR against the applicant for offence under section 306 of Indian P
To establish abetment of suicide, there must be clear evidence of instigation or actions compelling the victim to take their life, not merely trivial domestic disputes.
Abetment of suicide under S.306 IPC requires active instigation; mere harassment does not suffice unless it creates a situation compelling the victim to commit suicide.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
Clear evidence of instigation or incitement is essential to establish abetment of suicide under Section 306 IPC; mere allegations are insufficient.
At the stage of framing charges, even a strong suspicion is sufficient to frame the charges, and the requirement of mens rea for abetment of suicide under IPC 306.
To establish abetment of suicide under IPC, there must be direct incitement or actions compelling the victim to commit suicide; mere allegations of harassment are insufficient.
(1) Inherent Jurisdiction – Power of High Court under Section 482 of Cr.P.C. is restrictive in nature – It cannot act as a Trial Court and has to be cautious in granting relief sought for in terms of....
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