Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Abetment of suicide Section 306 IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.306 – Deceased (brother of complainant) went to the house of appellant and consumed poison by taking out from a small bottle which he carried in his pocket – Proceedings against appellant u/s.306, IPC and 3(2)(v) of the SC and ST Act – High Court rejected application of appellant u/s.482, CrPC – On appeal, held: Merely because deceased consumed poison in front of the house of the appellant, that itself will not indicate any relation of the appellant with the deceased – Absolutely no material to allege that appellant abetted for suicide of the deceased within meaning of s.306, IPC – Even with regard to offence alleged u/s.3(2)(v) of the SC and ST Act, except vague and bald statement that appellant and other family members abused deceased by uttering casteist words, nothing on record to attract any of the ingredients for the alleged offence – Earlier, appellant and her father had gone to police station and complained against deceased as he was continuously calling appellant and proposing that she should marry him with a threat that he will die otherwise – Having regard to same and in absence of any material within the meaning of s.107 IPC, there is absolutely no basis to proceed against the appellant u/s.306 IPC and s.3(2)(v) of the SC and ST Act – It would be travesty of justice to compel the appellant to face criminal trial without any credible material whatsoever – High Court erred in rejecting application of appellant u/s.482, CrPC – Cognizance order/NBW as well as proceedings u/s.306, IPC and 3(2)(v) of the SC and ST Act against the appellant, set aside – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v) – Code of Criminal Procedure, 1973 – s.482. Penal Code, 1860 – s.306 – Abetment of suicide – Without positive act on the part of the accused to instigate or aid in committing suicide, no one can be convicted for offence u/s.306 – To proceed against any person for the offence u/s.306 it requires an active act or direct act which led the deceased to commit suicide, seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide. Code of Criminal Procedure, 1973 – s.482 – High Court, on facts, erred in rejecting application filed by appellant u/s.482, CrPC by merely recording a finding that in view of the factual disputes, same cannot be decided in a petition u/s.482, CrPC – Cognizance order/NBW as well as proceedings u/s.306, IPC and 3(2)(v) of the SC and ST Act against the appellant, set aside – Penal Code, 1860 – s.306 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.3(2)(v). Words and Phrases – Abetment – Meaning of – Held: ‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 496 |
Petitioner | Kanchan Sharma |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2021] 6 S.C.R. 194 |
Judgement Date | 2021-09-17 |
Case Number | 1022 |
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