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PUSHPENDRA YADAV
Rikku Lodha – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present criminal revision has been filed under section 397 and 401 of Cr.P.C against the order dated 8.12.2022 passed by learned Sessions Judge, Guna in ST No.241/2022, whereby charge under section 306 of IPC was framed against the petitioner.
2. In nutshell, case of the prosecution is that on 13.9.2022 around 9 PM, one Bhagwan Singh committed suicide by hanging himself at cement pillar situated in Mata Temple, Guna. On 14.9.2022 at 1:53 AM "merg intimation No.96/2022" regarding un-natural death of Bhagwan Singh was recorded at P.S., Guna by Devendra Singh Lodha (brother of the deceased) inter-alia stating that reason for suicide is unknown to him. No suicide note was recovered from the spot.
3. During investigation, the police recorded the statements of five relatives of the deceased and two other persons. The relatives of the deceased in their statements levelled allegations against the petitioner that deceased Bhagwan Singh borrowed Rs.1 lakh from the petitioner and he harassed the deceased for demanding repayment of the loan amount. On the date of incident i.e. on 13.9.2022 the petitioner kept the motorcycle of the deceased and due to the said harassment he committed
Demanding repayment of a loan does not necessarily amount to abetment of suicide under Section 306 of the IPC.
Demand for loan repayment does not constitute abetment of suicide under IPC; instigation requires clear evidence of incitement.
Mens rea and active instigation are essential for establishing abetment of suicide under section 306 IPC.
Abetment of suicide under IPC requires clear mens rea and active instigation, which was not proven in this case.
To sustain a charge under Section 306 IPC, clear evidence of intentional abetment or instigation is required, with actions having a proximate link to the suicide.
(1) Abetment of suicide – Act of abetment must be proved and established by prosecution before he could be convicted under Section 306 IPC.(2) Hyperboles employed in exchanges should not, without any....
Abetment of suicide requires clear intention and instigation, not merely demanding repayment of loans.
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