This CRMP challenged the acquittal of respondents liable for the deceased's suicide. The High Court held that the deceased's chronic sickling disease made suicide probable and the prosecution failed to prove clear mens rea. The petition was dismissed.
CRMP dismissed as there was no infirmity in the trial court's reasons for acquittal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 697 of 2018
State of Chhattigarh through the Incharge Police Station Sariya, District Raigarh (C.G.)
---- Applicant
Versus
years,
All are R/o Village Kuthurrapali, (Kuturapali), Police Station Ambabhouna, District Bargarh (Orissa).
--Respondents
For Applicant : Mr. B.P. Banjare, Dy. GA For Respondents : None.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board
10/01/2022
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the year 2014. The Deceased committed suicide by pouring kerosene and setting herself on fire in her parental house at village Maharajpur, PS Saria at about 8:00 pm on 21/01/2016. During investigation, it was found that the Deceased was subjected to mental torture and harassment as she was suffering from chronic disease of sickling and therefore, the accused persons wanted respondent No. 1 to marry with another girl. On this, the Deceased got depressed and she took the extreme step of committing suicide. After investigation, a charge-sheet was filed against the accused persons. The matter was put to trial. In order to prove his case, the prosecution has examined as many as 22 witnesses. The respondents/accused persons did not adduce any defence witness and stated in their statements that they had been falsely implicated in the present case. After appreciating the evidence, the impugned order has been passed and the respondents have been acquitted from the charge. Hence, this CRMP.
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postmortem of the body of the Deceased has opined that the cause of death was 100% burn injury sustained by the Deceased. So, the prosecution has clearly proved its case against the accused persons, therefore, the finding of the trial Court is liable to be set-aside. He prays to grant leave to appeal.
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therefore, she was too much depressed. She also told not to live with the accused persons and was willing to commit suicide.
rahul
2 issues framed by the court
Whether this Court can interfere with the acquittal of the accused persons charged with murder or abetment to suicide of the deceased.
Whether the trial court has failed to properly appreciate the evidence proving clear mens rea for the offence under Section 306 IPC.
2 provisions across 2 enactments
State of Chhattisgarh
Nepal Pradhan
Shiva Pradhan
Damrudhar Pradhan
Arjun Pradhan
Malti Pradhan
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
