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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
ACHAL KUMAR PALIWAL
Prem Bai – Appellant
Versus
State of M.P. – Respondent
ORDER :
1. This M.Cr.C. has been filed under Section 482 of Cr.P.C. for quashment of proceedings pertaining to crime No.382/2017 for offence under Section 306 of IPC/ST No.6/2018 pending in the Court of Additional Sessions Judge Pipariya, District Hoshangabad.
2. Learned counsel for the petitioners submits that in the instant case, one Ramkunvar Bai aged 70 years committed suicide in the intervening night of 20-21/09/2017 and merg intimation was given by deceased’s son Liladhar. Allegations against present petitioners are that one-two months prior to the suicide committed by deceased, presentpetitioners circulated a rumor to the effect that deceased had killed one calf (Bachhda). With respect to aforesaid, learned counsel for the petitioners has referred to statements of Liladhar, Narmada, Laxminarayan and Seema. It is also urged that even if prosecution case is accepted in toto, no offence under Section 306 of IPC is made out as ingredients constituting offence under Section 306 of IPC are not prima facie, established from evidence on record. Hence, petition filed by the petitioners be allowed and proceedings pending in the Court of Additional Sessions Judge, Pipariya, Hoshangabad w
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....
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 IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
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.
For a conviction under Section 306 IPC, clear mens rea and direct acts of instigation or aid are required, and mere allegations of harassment are insufficient to establish abetment.
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