Showing posts with label ipc sec 306. Show all posts
Showing posts with label ipc sec 306. Show all posts
Aug 19, 2010
Ramesh Kumar Vs State of Chhattisgarh (2001) 9 SCC 618
Hon’ble Supreme Court observed, “Instigation is to goad, urge forward, provoke, incite or encourage to do ‘an act’. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence.... A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.”
Aug 18, 2010
S S Chheena Vs Vijay Kumar Mahajan & Another
One person died after leaving behind a suicide note as---“SUICIDE NOTE I am Saurav Mahajan a final year student of Department of Law of GNDU. Montu had leveled a false allegation upon me. I am very annoyed because a false allegation has been leveled upon me. I have a faith that this allegation is false, accused Montu and his accomplices will be arrested and I will be declared as innocent. The reason of my annoyance is that I am falsely involved as I did not commit any theft. A dying person will not speak falsely. I have not committed this theft. According to me, the theft has been committed by Harminder Singh in connivance with his accomplices. Harminder Singh says that on the day when the Mobile was stolen, he was taking the test. I made request to Mr. Chhina to see as to whether he was engaged in the test or not? Or he had not completed the whole test, came out a little before the fixed time, and committed theft. Examination sheet of the said day of Harminder Singh be seen. Harminder Singh had admitted two things in the presence of M.D. Singh, HOD of the Law Department, i.e. (1) he had played a joke with me (2) Harminder Singh admitted that he had demanded money from me. Chhina Sahib, M.D. Singh, while dying, I will not speak untrue. I have not committed any theft. Real thief is Montu. He has falsely involved my name. Harminder Singh cannot prove this at any cost because he is totally wrong. On the other hand, he has admitted that he had sold this Reliance set to his friends and has falsely leveled this allegation against me. I request my uncle/aunt, mother/father to forgive me that I tried my best to fulfill their expected wishes but could not do the same because Harminder Singh has leveled false allegation against me. I want to say this thing again that I am innocent and request my mother/father that they may not make any complaint regarding my suicide. I will also say to Chhina Sahib even if they give justice and leave me but the people will have a suspicion about me. I am taking this step on account of my insult. Harminder Singh and his accomplices are responsible for my suicide or MD Singh who did not take into account my faith and without consulting me, has forwarded this case. Dated: 16.10.2003 Sd/Saurav Mahajan.” Question is whether Chhina is liable for u/s 306 IPC.
Hon’ble High Court observed that the material against the appellant was not just the suicide note but also includes threats, humiliating phrases etc. addressed to the deceased and his father over a period of few days.
Hon’ble Supreme Court observed on 12.08.10 “The word “suicide” in itself is nowhere defined in the Penal Code; however its meaning and import is well known and requires no explanation. “Sui” means “self” and “cide” means “killing”, thus implying an act of self-killing. In short, a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.
Suicide by itself is not an offence under either English or Indian criminal law, though at one time it was a felony in England. In England, the former law was of the nature of being a deterrent to people as it provided penalties of two types: • Degradation of corpse of the deceased by burying it on the highway with a stake through its chest. • Forfeiture of property.
Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. In order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act.
The order of framing charge under section 306 IPC against the appellant is quashed.”
Hon’ble High Court observed that the material against the appellant was not just the suicide note but also includes threats, humiliating phrases etc. addressed to the deceased and his father over a period of few days.
Hon’ble Supreme Court observed on 12.08.10 “The word “suicide” in itself is nowhere defined in the Penal Code; however its meaning and import is well known and requires no explanation. “Sui” means “self” and “cide” means “killing”, thus implying an act of self-killing. In short, a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.
Suicide by itself is not an offence under either English or Indian criminal law, though at one time it was a felony in England. In England, the former law was of the nature of being a deterrent to people as it provided penalties of two types: • Degradation of corpse of the deceased by burying it on the highway with a stake through its chest. • Forfeiture of property.
Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. In order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act.
The order of framing charge under section 306 IPC against the appellant is quashed.”
Mar 30, 2010
Gangula Mohan Reddy Vs State of Andhra Pradesh IN THE SUPREME COURT OF INDIA, CRIMINAL APPEAL NO. 1301 of 2002
As Deliverd by Hon'ble Dalveer Bhandari, J. “Appellant was convicted by the Assistant Sessions Judge, Nagarkurnool under Section 306 of the Indian Penal Code. According to the case of the prosecution, the appellant, who is an agriculturist, had harassed his agriculture labour (servant) deceased Ramulu by leveling the allegation that he had committed theft of some gold ornaments two days prior to his death. It was also alleged that the appellant had demanded Rs.7,000/- from the deceased which was given in advance to him at the time when he was kept in employment.
The word suicide in itself is nowhere defined in the Indian Penal Code, however its meaning and import is well known and requires no explanation. ‘Sui’ means ‘self’ and ‘cide’ means ‘killing’, thus implying an act of self-killing. In short a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.
Suicide by itself is not an offence under either English or Indian criminal law, though at one time it was a felony in England. In England, the former law was of the nature of being a deterrent to people as it provided penalties of two types: Degradation of corpse of deceased by burying it on the highway with a stake through its chest. Forfeiture of property of deceased by the State.
This penalty was later distilled down to merely not providing a full Christian burial, unless the deceased could be proved to be of unsound mind. However, currently there is no punishment for suicide after the enactment of the Suicide Act, 1961 which proclaims that the rule of law whereby it was a crime for a person to commit suicide has been abrogated.
In our country, while suicide in itself is not an offence, considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under section 309 of IPC.
a judgment of this Court in Mahendra Singh & Another v. State of M.P. 1995 Supp. (3) SCC 731. In the case of Mahendra Singh , the allegations levelled are as under:“My mother-in-law and husband and sister-in-law (husband’s elder brother’s wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning.” The court on aforementioned allegations came to a definite conclusion that by no stretch the ingredients of abetment are attracted on the statement of the deceased. According to the appellant, the conviction of the appellant under section 306 IPC merely on the basis of aforementioned allegation of harassment of the deceased is unsustainable in law.
In the instant case, the deceased was undoubtedly hyper sensitive to ordinary petulance, discord and differences which happen in our day-to-day life. Human sensitivity of each individual differs from the other. Different people behave differently in the same situation.
Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) 2009 (11) SCALE 24 had an occasion to deal with this aspect of abetment. The court dealt with the dictionary meaning of the word “instigation” and “goading”. The court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person’s suicidability pattern is different from the others. Each person has his own idea of self esteem and self respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.
In order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide.”
The word suicide in itself is nowhere defined in the Indian Penal Code, however its meaning and import is well known and requires no explanation. ‘Sui’ means ‘self’ and ‘cide’ means ‘killing’, thus implying an act of self-killing. In short a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.
Suicide by itself is not an offence under either English or Indian criminal law, though at one time it was a felony in England. In England, the former law was of the nature of being a deterrent to people as it provided penalties of two types: Degradation of corpse of deceased by burying it on the highway with a stake through its chest. Forfeiture of property of deceased by the State.
This penalty was later distilled down to merely not providing a full Christian burial, unless the deceased could be proved to be of unsound mind. However, currently there is no punishment for suicide after the enactment of the Suicide Act, 1961 which proclaims that the rule of law whereby it was a crime for a person to commit suicide has been abrogated.
In our country, while suicide in itself is not an offence, considering that the successful offender is beyond the reach of law, attempt to suicide is an offence under section 309 of IPC.
a judgment of this Court in Mahendra Singh & Another v. State of M.P. 1995 Supp. (3) SCC 731. In the case of Mahendra Singh , the allegations levelled are as under:“My mother-in-law and husband and sister-in-law (husband’s elder brother’s wife) harassed me. They beat me and abused me. My husband Mahendra wants to marry a second time. He has illicit connections with my sister-in-law. Because of these reasons and being harassed I want to die by burning.” The court on aforementioned allegations came to a definite conclusion that by no stretch the ingredients of abetment are attracted on the statement of the deceased. According to the appellant, the conviction of the appellant under section 306 IPC merely on the basis of aforementioned allegation of harassment of the deceased is unsustainable in law.
In the instant case, the deceased was undoubtedly hyper sensitive to ordinary petulance, discord and differences which happen in our day-to-day life. Human sensitivity of each individual differs from the other. Different people behave differently in the same situation.
Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) 2009 (11) SCALE 24 had an occasion to deal with this aspect of abetment. The court dealt with the dictionary meaning of the word “instigation” and “goading”. The court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each person’s suicidability pattern is different from the others. Each person has his own idea of self esteem and self respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.
In order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide.”
Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618.
“Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect. or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. the present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.”
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