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ANIL VERMA
PREMCHAND – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. Heard finally with consent. The petitioner has preferred this criminal revision under section 397, 401 of Code of Criminal Procedure (in short Cr.P.C.) being aggrieved by the impugned order dated 28-10-2023 passed by Additional Sessions Judge Javad District Neemuch in ST No. 19/2023 whereby charges under section 306 and 420 of Indian Panel Code (in short IPC) have been framed against the petitioner/accused.
2. As per prosecution story, on 25-4-2023 deceased Dhanraj committed suicide by consuming poisonous substance. Complainant Chandulal lodged an FIR at police station Javad by stating that deceased has given Rs. 27 Lakhs to petitioner/accused Premchand for purchasing agricultural land, but he managed to executed the registered sale deed only in the name of Premchandra and did not return the amount of Rs. 27 Lakhs along with interest. The petitioner mentally and physically harassed the deceased for non payment of amount and committed cheating with him, due to which deceased had committed suicide. Soon before his death, deceased informed Ramesh about cheating committed by petitioner with him by mentioning that he is committing suicide due to said conduct of petitioner. Acco
Mens rea and active instigation are essential for establishing abetment of suicide under section 306 IPC.
Abetment of suicide requires clear intention and instigation, not merely demanding repayment of loans.
Demand for loan repayment does not constitute abetment of suicide under IPC; instigation requires clear evidence of incitement.
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....
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