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J. B. PARDIWALA, MANOJ MISRA
Nipun Aneja – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
1. This appeal is at the instance of three accused sought to be prosecuted in connection with Criminal Case No 11428 of 2007 for the offence punishable under Section 306 of the Indian Penal Code (for short ‘the IPC’) and is directed against the order passed by the High Court of Judicature at Allahabad, Lucknow Bench dated 10 March 2017 by which the High Court rejected the application filed by the appellants herein seeking quashing of the criminal proceedings.
2. The case of the prosecution may be summarized as under.
3. The deceased, namely, Rajeev Jain was an employee of Hindustan Lever Limited. He was serving with the company past twenty-three years. On 03.11.2006, he committed suicide in his hotel room in Lucknow. The brother of the deceased, namely, Rajnish Jain lodged a First Information Report on 4 November 2006 in connection with the suicide committed by his brother. The First Information Report reads thus:
(1) Abetment of suicide – Ingredients to constitute offence under Section 306 of IPC would stand fulfilled if suicide is committed by deceased due to direct and alarming encouragement/incitement by a....
The court held that mere allegations of harassment do not establish abetment of suicide under Section 306 IPC without direct evidence of instigation or encouragement.
For a charge of abetment of suicide under IPC Section 306, there must be clear evidence of instigation or incitement by the accused, and mere allegations of harassment are insufficient without a dire....
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.
The main legal point established in the judgment is the requirement of specific intent and the absence of evidence of instigation or intentional aid in the commission of suicide under Section 306 of ....
For liability under Section 306 IPC, there must be clear evidence of instigation or active involvement in the suicide, which was absent in this case.
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
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.
For charges under Section 306 IPC, mere harassment is insufficient; there must be direct evidence of incitement to commit suicide.
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