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KUNURU LAKSHMAN, SUJANA KALASIKAM
Jangam Ravinder – Appellant
Versus
State of AP. – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background (Para 1 , 2) |
| 2. contentions regarding lack of proof of guilt (Para 3 , 4 , 6) |
| 3. contesting the conviction based on insufficient evidence. (Para 5) |
| 4. evaluation of evidence and testimonies (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. court's analysis of instigation and suicide (Para 14 , 15 , 16 , 17 , 18) |
| 6. conclusion and order of appeal (Para 19 , 20) |
JUDGMENT :
(Sujana Kalasikam, J.)
1. This appeal is preferred by the appellant being aggrieved by the judgment dated 28.10.2013 passed by the learned Special Sessions Judge for SC/ST (POA) Cases-Cum-VII-Additional District Judge, at Warangal, in S.S.C. No.48 of 2009 wherein, the appellant was convicted for offences punishable under Sections 417 , 306 IPC and Section 3 (2) (v) of the SC/ST (POA) Act, 1989. For the offence under Section 306 IPC, he was sentenced to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 1,000/-, in default of which to undergo Simple Imprisonment for a period of three months. Further, for the offence under Section 417 IPC, he was sentenced to undergo Simple Imprisonment for a period of six months and for the offence under Sectio
The sufficiency of provable evidence is paramount in establishing guilt for abetment of suicide; mere words or allegations are insufficient without clear intent or instigation.
For a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding that compels suicide, which was not established in this case.
Section 306 in Indian Penal Code reads as abetment of suicide.
Cruelty and abetment of suicide – Mere fact of commission of suicide by itself would not be sufficient for Court to raise presumption under Section 113A of Evidence Act, and to hold accused guilty of....
To convict under Section 306 IPC, clear evidence of instigation or direct acts leading to suicide must be established, which was absent in this case.
The main legal point established in the judgment is that for a conviction under Section 306 of the Indian Penal Code, there must be evidence of instigation or intentional aid by the accused to drive ....
Mens rea must be clearly established for abetment of suicide; the accused's intoxication and actions did not demonstrate intent to drive the victim to suicide, necessitating evaluation of multiple co....
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