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Documents citing The State Of West Bengal vs Indrajit Kundu on 18 October, 2019

Rohit Singh Thakur vs State Of Chhattisgarh on 7 November, 2023

In case of State of West Bengal v. Indrajit Kundu reported in (2019) SCC Online SC 1201, the accused therein was charged for offence under Section 306 of the IPC on the allegation that the accused and his parents abused deceased and stigmatized her as call girl. The Supreme Court quashed the charges under Section 306 of the IPC holding that no goading or solicitation or insinuation by any of the accused persons to deceased to commit suicide and observed in para 11 as under :-
Chattisgarh High Court Cites 25 - Cited by 0 - Full Document

S.Balasubramaniam vs State Rep. By on 21 February, 2022

“It is absurd to even think that a superior officer like the appellant would intend to bring about suicide of his driver and, therefore, abet the offence. In fact, there is no nexus between the so-called suicide (if at all it is one for which also there is no material on record) and any of the alleged acts on the part of the appellant. There is no proximity either. In the prosecution under Section 306 IPC, much more material 10/14 https://www.mhc.tn.gov.in/judis Crl.R.C.No.120 of 2022 is required. The courts have to be extremely careful as the main per- son is not available for cross-examination by the appellant-accused. Unless, therefore, there is specific allegation and material of definite nature (not imaginary or inferential one), it would be hazardous to ask the appellant-accused to face the trial. A criminal trial is not ex- actly a pleasant experience.” In State of West Bengal Vs. Indrajit Kundu & Others [(2019) 10 SCC 188], the Hon'ble Supreme Court has held that unless the accused by his acts or by his continuous conduct creates situations so miserable for the vic-
Madras High Court Cites 10 - Cited by 0 - N Seshasayee - Full Document

Angad Yadav vs The State Of Madhya Pradesh on 2 May, 2024

In case of State of West Bengal Vs. Indrajit Kundu and Others reported in (2019) 10 SCC 188 and Ramesh Kumar Vs. State of Chhattisgarh reported as (2001) 9 SCC 618, it was held that 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 consequence. Yet a reasonable certainty to incite consequence must be capable of being spelt out.
Madhya Pradesh High Court Cites 13 - Cited by 0 - V Dhagat - Full Document

Angad Yadav vs The State Of Madhya Pradesh on 2 May, 2024

In case of State of West Bengal Vs. Indrajit Kundu and Others reported in (2019) 10 SCC 188 and Ramesh Kumar Vs. State of Chhattisgarh reported as (2001) 9 SCC 618, it was held that 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 consequence. Yet a reasonable certainty to incite consequence must be capable of being spelt out.
Madhya Pradesh High Court Cites 13 - Cited by 0 - V Dhagat - Full Document

Neville Mcnamara vs State Of West Bengal & Anr on 16 January, 2023

To emphasise the cardinal necessity required to be present in a case like this again the judgment of the Hon'ble Supreme Court may be resorted to , i.e, State of West Bengal vs Indrajit Kundu & Others reported in (2019) 10 SCC 188 when Court held that where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option except to commit suicide, an instigation may be inferred. Materials in this case is not suggestive of any extreme situation like this.
Calcutta High Court (Appellete Side) Cites 20 - Cited by 0 - Full Document

S.Balasubramaniam vs State Rep. By on 21 February, 2022

“It is absurd to even think that a superior officer like the appellant would intend to bring about suicide of his driver and, therefore, abet the offence. In fact, there is no nexus between the so-called sui- cide (if at all it is one for which also there is no material on record) and any of the alleged acts on the part of the appellant. There is no 10/14 https://www.mhc.tn.gov.in/judis Crl.R.C.No.120 of 2022 proximity either. In the prosecution under Section 306 IPC, much more material is required. The courts have to be extremely careful as the main person is not available for cross-examination by the ap- pellant-accused. Unless, therefore, there is specific allegation and material of definite nature (not imaginary or inferential one), it would be hazardous to ask the appellant-accused to face the trial. A criminal trial is not exactly a pleasant experience.” In State of West Bengal Vs. Indrajit Kundu & Others [(2019) 10 SCC 188], the Hon'ble Supreme Court has held that unless the accused by his acts or by his continuous conduct creates situations so miserable for the vic-
Madras High Court Cites 10 - Cited by 0 - N Seshasayee - Full Document
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