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GURPAL SINGH AHLUWALIA
Shivani Nishad D/o Lt. Ramesh Nishad – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This application under Section 482 of Cr.P.C. has been filed for quashment of criminal proceedings initiated against applicants in Crime No.39/2023 registered for offence under Section 306 IPC at Police Station Bamhani District Mandla.
2. The applicants have impleaded Chandra Shekhar Ahuja as respondent No.2 but Chandra Shekar @ Pawan Ahuja is the person, who has committed suicide. Therefore, instead of making the mother of the deceased as respondent No.2, applicants have impleaded the deceased as respondent No.2. How the applicants would serve the deceased and how the application against the deceased is maintainable has not been clarified by the applicants.
3. According to prosecution case, on 20.12.2022, an information was received that the deceased Chandra Shekhar @ Pawan Ahuja has committed suicide by hanging himself. Inquest enquiry was conducted and a suicide note left by the deceased was recovered from the left pocket of the pant of the deceased. The said suicide note was written in Hindi and was in red ink, which was signed by the deceased himself. The Post Mortem of the deceased was got done. On the basis of suicide note as well as on the basis of statements of witnes
Continuous harassment and threats can constitute instigation for abetment of suicide under IPC, necessitating careful examination of circumstances surrounding the act.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or intent; mere allegations linked to civil disputes do not meet this threshold.
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
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.
The judgment established that for conviction under Section 306 I.P.C, there must be a clear mens rea and active instigation or intentional aid by the accused in the commission of suicide.
Abetment to suicide under IPC Sections 306 and 498A necessitates proof of instigation or influencing behavior, requiring thorough examination in trial; mere allegations do not suffice.
To establish abetment of suicide, there must be a direct and intentional act by the accused that leads to the suicide, which was not present in this case.
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