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B. R. GAVAI, K. V. VISWANATHAN
Prakash – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Leave granted.
2. This appeal challenges the judgment and order dated 17th October 2022 passed by the learned Single Judge of the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Writ Petition No. 246 of 2021, by which the learned Single Judge dismissed the Writ Petition preferred by the present appellants. The Writ Petition had been filed with the prayer to quash the order dated 24th December 2020 passed by the learned Assistant Sessions Judge, Sangamner, District Ahmednagar wherein the learned Assistant Sessions Judge had rejected the application preferred by the appellants seeking discharge from the charges punishable under Sections 306 and 34 of the Indian Penal Code, 18601[For short, ‘the IPC’.], pending against the appellants before the Court of the Assistant Sessions Judge, Sangamner2[Hereinafter referred to as the ‘trial court’.] in Sessions Case No. 75 of 2015.
3. The facts which lead to the present appeal are as under:-
3.1. On 20th March 2015, the Police Station, Ashvi, District Ahmednagar, received an Accidental Death Report (Khabar) by one Vikas Bhausaheb Sanap who stated that on the same day at about 10 a.m. his sister Jyoti
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
To establish abetment of suicide under IPC, there must be direct instigation with clear mens rea, and the act must be closely proximate to the suicide. Vague allegations are insufficient for convicti....
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.
The court established that the appellants' continuous conduct and abusive language led to the deceased's suicide, constituting abetment under Section 306 IPC.
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 under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
Section 306 of IPC reads as abetment of suicide.
The assessment of materials at the stage of consideration of charge is different from the appreciation of evidence at the trial stage, and the court must form an opinion based on the available materi....
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