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SANJAY DWIVEDI
Manbihari Mishra S/O Bhairav Prasad Mishra – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
With the consent of learned counsel for the parties, the revision is heard finally.
2. By the instant revision filed under Section 397/401 of the Code of Criminal Procedure, the applicants are assailing the order dated 17.09.2021 passed by the Court of Special Judge (SC/ST Act), Chhatarpur, in Special Case No.217/2020 whereby the trial Court has framed charges under Section 306/34 of the Indian Penal Code and also under Section 3(2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against them.
3. As per facts of the case, Jalam Adivasi, who was a shepherd went towards jungle on 02.01.2020 early morning for grazing his cattle when did not turn back to his house, then his father namely Mannu Adiwasi had informed the police about the said fact and thereafter, the police registering a missing person case had made a search and found that by hanging, Jalam Adivasi committed suicide. Thereafter, vide merg intimation No.0002/2020, a case under Section 174 of the CrPC got registered and matter was enquired about and during the course of enquiry, it was gathered by the police that the applicants had not only abused the deceased but also assaulted him beca
The court clarified that abetment of suicide requires either direct instigation or creating an unbearable situation, with insufficient evidence for charges under the SC/ST Act.
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 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....
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.
Continuous harassment and threats can constitute instigation for abetment of suicide under IPC, necessitating careful examination of circumstances surrounding the act.
Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.
For framing a charge under Section 306 IPC, there must be clear evidence linking an accused’s actions to the suicide; assumptions of harassment without evidence are insufficient.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
Section 107 of I.P.C reads as abetment of a thing.
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