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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S. AHLUWALIA, J.
Pushpendra @ Kallu Gautam – Appellant
Versus
The State of Madhya Pradesh and Others – Respondents
Misc. Criminal Case No. 23967 of 2024
Decided On : 25-09-2024
ORDER :
1. This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs:
2. By this application the applicant has sought quashment of FIR in Crime No. 520/2023, registered at Police Station Hata, District Damoh for offence under Section 306 of IPC.
3. It is submitted by counsel for applicant that during the pendency of this application charges have been framed. However, the same have not been challenged by filing any revision. Thus, it is submitted that merely because the charges have been framed during the pendency of this application, therefore, this application would not render infructuous and still it can be decided on merits.
4. The facts necessary for disposal of the present application in short are that an information was received from District Hospital, Damoh on 04.10.2023 at 17:55 to the effect that one Madan Dimha has been brought in a dead condition and it was informed that he has consumed sulphas. Accordingly, the police registered marg and started conducting enquiry. Statement of witnesses including wife of the deceased were recorded. Smt. Kirti Dimha widow of Late Madan Dimha has stated that her husband was posted as Home Guard Sainik. Her husband Madan Dimha was the relative of Kaushal Kishore Upadhyay. Kaushal Kishore Upadhyay has six relative of Kaushal sons and a daughter. Since her husband was the Kishore Upadhyay, therefore, he used to visit her house. Her husband used to treat Kaushal Kishore Upadhyay as his uncle and his children as brothers and sisters. The present applicant is the son-in-law of visiting the house Kaushal Kishore Upadhyay and, therefore, he was of Kaushal Kishore Upadhyay. About six months back, she was informed by her husband that applicant does not like the intimate relationship of deceased in the house of Kaushal Kishore Upadhyay and has a suspicion that the deceased Madan Dimha has illicit relationship with daughter of Kaushal Kishore Upadhyay. After sometime her husband informed that applicant is defaming him and also threatening him on illicit relationship mobile and always alleged that since he is having with daughter of Kaushal Kishore Upadhyay, therefore, he will ruin him and it is better for him to stay away. About four months back also number of calls were received from the applicant by her husband. She was also told by the applicant that her husband is not a good person and has illicit relationship with daughter of Kaushal Kishore Upadhyay and various other ladies. He also requested her to stop her husband. Even otherwise, he threatened that he would get her husband dismissed society as well as committed suicide from service. On account of defamation in the on account of mental harassment, her husband has by consuming sulphas. While her husband was admitted in the hospital, she enquired from her husband as to why he has consumed sulphas then she was informed by her husband that the applicant has harassed him mentally and has also defamed him in the society, therefore, he has consumed poison. Thereafter, her husband was referred by the doctor to Damoh Hospital. They took him to Damoh hospital where he was declared dead. Similar allegations were made by the other witnesses.
5. Accordingly, the police registered an offence under Section 306 of IPC on the allegations “that the applicant was apprehending that the deceased has illicit relationship with daughter of Kaushal Kishore Upadhyay, therefore, he was objecting to it and on this ground he was threatening the deceased to stay away and had also defamed him in
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
Continuous harassment and threats can constitute instigation for abetment of suicide under IPC, necessitating careful examination of circumstances surrounding the act.
The main legal point established in the judgment is the requirement of mens rea and direct or active instigation for the offence of abetment under Section 306 of the IPC. The judgment also emphasizes....
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
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.
For a charge under Section 306 IPC, clear evidence of instigation or aiding in suicide is required; mere allegations of harassment are insufficient.
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