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Supreme Court of India 2024-07-10 allowed

ROHINI SUDARSHAN GANGURDE vs THE STATE OF MAHARASHTRA & ANR

Bench: 2 — Vikram Nath, Satish Chandra Sharma

In Brief

A wife was charged under Section 306 IPC (abetment of suicide) after her husband died by hanging. The trial court rejected her discharge application, and the High Court dismissed her revision. The Supreme Court allowed her appeal, setting aside both orders. The Court held that abetment of suicide requires active instigation or intentional aid by the accused, proximate to the suicide. Mere marital disputes or allegations of harassment, without positive direct acts compelling the victim to suicide, are insufficient. Here, the prosecution failed to prove any direct incitement, active role, or proximate link between the wife's conduct and the husband's death. The discharge application was allowed.

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Criminal Law Abetment of Suicide Indian Penal Code Section 306 Discharge Application Mens Rea Evidence

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