AI Overview...
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Offense Not Made Out - The courts consistently found that the offense under Section 306 IPC (abetment of suicide) was not established due to lack of sufficient evidence or positive acts of instigation or aiding by the accused Prabhakar Pandurang Ingole VS State of Maharashtra - Bombay, K. RAMAKRISHNAPPA VS STATE BY BANDUR CAMP POLICE STATION, DAVANAGERE - Karnataka, SUMIT KUMAR Vs State - Allahabad, Vinay Kumar Sahu S/o Shivprasad Sahu VS State Of Chhattisgarh Through The Station House Officer, Police Station Ratanpur, District : Bilaspur, Chhattisgarh - Chhattisgarh, Rakhi VS State of Uttarakhand - Uttarakhand, Neeraj Gupta VS State - Crimes, Murti Devi VS State of Rajasthan - Rajasthan, Gurmeet Singh VS State of J&K - Jammu and Kashmir.
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Evidence and Circumstances - In several cases, the evidence such as suicide notes or circumstances was deemed incoherent, lacking direct proof of instigation, and thus insufficient to prove abetment under Section 306 IPC K. RAMAKRISHNAPPA VS STATE BY BANDUR CAMP POLICE STATION, DAVANAGERE - Karnataka, Rakhi VS State of Uttarakhand - Uttarakhand.
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Legal Findings - Courts emphasized that mere presence at the scene or association with the deceased did not suffice; positive acts of instigation, aid, or encouragement are necessary to establish the offense Murti Devi VS State of Rajasthan - Rajasthan, Gurmeet Singh VS State of J&K - Jammu and Kashmir.
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Bail and Proceedings - Where the ingredients of Section 306 IPC were not proved, courts granted bail, highlighting that without proof of abetment or instigation, the offense cannot be sustained Neeraj Gupta VS State - Crimes, Gurmeet Singh and Ors. VS State of J&K and Ors. - Jammu and Kashmir.
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Interpretation and Application - The courts clarified that in the absence of a positive act of instigation or aiding, and with no evidence of direct involvement, the offense under Section 306 IPC is not made out, and proceedings against accused are unsustainable Murti Devi VS State of Rajasthan - Rajasthan, Vinay Kumar Sahu S/o Shivprasad Sahu VS State Of Chhattisgarh Through The Station House Officer, Police Station Ratanpur, District : Bilaspur, Chhattisgarh - Chhattisgarh.
Analysis and Conclusion:
The consistent legal stance across these cases indicates that for a conviction under Section 306 IPC, there must be clear evidence of instigation or aiding in the commission of suicide. Mere suspicion, association, or evidence like suicide notes lacking coherence do not suffice. Consequently, in the absence of such proof, the offense is not established, leading to judgments of not guilty, acquittal, or bail grants where applicable.
Search Results for "306 Not Made out"
2003 0 Supreme(Bom) 230 • India - Bombay
R.S.MOHITE
was not made out. ... was not made out. ... Finding of the Court: The court found that the offense under section 306 of the IPC was not made out due to the absence ... The dying declaration, per se, could not involve the appellants in offence punishable under section 306 I.P.C., because it provides for abtement of suicide. ... The conviction of the appellants under section 306 I.P.C. merely on the allegation of h....
2006 0 Supreme(Kar) 582 • India - Karnataka
K.RAMANNA
not made out. ... not made out Evidence Act, 1872, Section 113-a. ... Penal Code, 1860 -Section 306 -Suicide note-Appellant specifically named in suicide note which was otherwise not coherent and reflected ... not made out". ... suicide note of the deceased along with all other circumstances of the case, held, offence under Section 306 not made out - Indian Evidence Act, 1872, Section 113-A - Word....
2023 Supreme(Online)(ALL) 17806 • India - Allahabad High Court
BAIL - SECTION 306 IPC - SUICIDE - ABETMENT - INGREDIENTS - NOT MADE OUT - BAIL GRANTED Fact of the Case: The applicant ... IPC were not made out against the applicant. ... Ratio Decidendi: The court held that the ingredients of the offence of abetment of suicide under Section 306 IPC were not ... She refused to marry with him and she was not happy, due to which she committed suicide. The ingredients for constituting the offence under Section #HL....
2022 0 Supreme(Chh) 460 • India - Chhattisgarh
DEEPAK KUMAR TIWARI
IPC is not sustainable, Court is of opinion that necessary ingredients of Section 306 IPC are not made out against Applicant - Instant ... to commit suicide, Court is of opinion that necessary ingredients of Section 306 IPC are not made out against Applicant as Applicant ... to consume liquor while discharging official duty does not fall in ambit of harassment and would not be a ground for provoking deceased ... part of the accused ....
2014 0 Supreme(UK) 407 • India - Uttarakhand
SERVESH KUMAR GUPTA
Finding of the Court: The court found that the offence of Section 306 IPC was not made out against the appellant, but ... 306 IPC - Insulting and causing injury to dignity and self-respect - 306 IPC, 504 IPC - The judgment discusses the application ... of Section 306 IPC and its alteration to Section 504 IPC. ... In view of what has been stated above, this Court holds that offence of Section 306 IPC is not made out against the app....
2017 0 Supreme(Chh) 62 • India - Chhattisgarh
ANIL KUMAR SHUKLA
The prosecution has failed to prove such circumstances - Therefore, offence under Section 306 IPC is not made out against Appellant ... Code of Criminal Procedure, 1973 - Section 374 - Indian Penal Code, 1860 - Section 306 – Criminal trial ... She gave birth to a son during her living at paternal home had made a report against her husband/Appellant in Police Station, a case ... Learned Senior Counsel appearing for the Appellant argued that no case is made out against the Appellant unde....
• India - Crimes
BADAR DURREZ AHMED
Offence u/s 306 IPC not made out against petitioner in absence of abetment. Impugned order being unsustainable, set aside. ... amounted to instigation u/s 107 IPC — Offence u/s 306 IPC not made out against petitioner in absence of abetment — Impugned ... Indian Penal Code, 1860 — Sections 306, 107 — Abetment of suicide — Death of deceased by committing suicide — Order ... Consequently, there being no abetment, the offence under Section #HL_STAR....
2015 0 Supreme(J&K) 595 • India - Jammu and Kashmir
BANSI LAL BHAT
of the petitioners for the offence under section 306 RPC is not made out. ... is not made out. ... Bail - Offence under section 306 RPC - [SUICIDE] - [Section 306 RPC] - The court allowed the bail petition, stating that the complicity ... In absence of any allegation of any act of commission of the nature specified hereinabove, the argument advanced on behalf of the petitioners that the complicity of petitioners for offence under section 306 RPC is #....
2018 0 Supreme(Raj) 2300 • India - Rajasthan
PANKAJ BHANDARI
STATE OF RAJASTHAN, WHICH HELD THAT OFFENCE UNDER SECTION 306 IPC IS NOT MADE OUT IN THE ABSENCE OF SUCH AN ACT. ... ABETMENT TO SUICIDE - SECTION 306 IPC - INTERPRETATION AND APPLICATION - COURT HELD THAT OFFENCE UNDER SECTION 306 IPC IS NOT ... MADE OUT IN THE ABSENCE OF POSITIVE ACT OF INSTIGATION OR AIDING. ... It is contended by counsel for the appellant that offence under Section 306 IPC is not made out as th....
2015 0 Supreme(J&K) 429 • India - Jammu and Kashmir
BANSI LAL BHAT
In absence of any such allegation, the complicity of the petitioners for the offence under section 306 RPC was not made out. ... The court noted that the complicity of the petitioners for the offence under section 306 RPC was not made out as there was no evidence ... Bail - Offence under section 306 RPC - [SUICIDE] - [Section 306 RPC] - The court allowed the bail petition, stating that the petitioners ... In absence of any allegation of any act of co....
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