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HIRDESH
State of M. P. – Appellant
Versus
Prabhu – Respondent
ORDER
1. The present appeal has been filed against the judgment and order dated 13.9.2022 passed by 2nd Addl. Sessions Judge, Agar, district Shajapur in S.T.No.18/2021 whereby the respondent/accused has been convicted under section 498A IPC and sentenced to undergo RI for one year eight months with fine of Rs.2000/- with further default stipulation and acquitted under section 306 of the IPC.
2. Being aggrieved by the said judgment of acquittal under section 306 IPC, State has filed this appeal on the ground that there is sufficient evidence against the respondent for conviction under section 306 IPC but the trial court has wrongly acquitted him. Counsel for the appellant submits that the prosecution witnesses PW/1 Lalji, PW/2 Durgabai and PW/5 Ajay have supported the prosecution case and deposed that the respondent has abetted deceased to commit suicide, therefore, the judgment passed by the trial Court is perverse and requires to be modified.
3. Counsel for the respondent on the contrary has opposed the contention of the appellant and submits that the judgment passed by the trial Court regarding acquittal is in accordance with law and procedure. The respondent has already suffered on
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, which was not established in this case.
The appellate court upheld the trial court's acquittal, emphasizing the necessity of clear evidence of abetment for conviction under Section 306 IPC.
Conviction under Section 306 IPC requires clear evidence of instigation or abetment, mere allegations of harassment are insufficient.
(1) Abetment of suicide – While considering question as to whether a person can be convicted under Section 306, IPC or whether a conviction thereunder could be sustained, one has to consider mens rea....
Administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view wh....
The prosecution must prove guilt beyond reasonable doubt; failure to do so results in acquittal.
The court reinforced that to convict for abetment of suicide, clear mens rea and direct acts of instigation must be evidenced, mere disputes are insufficient.
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
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