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1 - 7 of 7 (0.28 seconds)S.S.Chheena vs Vijay Kumar Mahajan & Anr on 12 August, 2010
5. Shri Mundargi, learned senior counsel
appearing for the applicant in Criminal Revision
Application No.265/2011 submits that taking allegations
in the various statements recorded by the prosecution on
its face value, it cannot be said that the prosecution
is in a position to point out any act which would amount
to instigation, aid or abetment by the applicant to the
deceased Sneha to commit suicide. He submits that the
material placed on record by the prosecution is not of
such a nature which even at, prima facie stage, would
establish a mens rea, which is one of ingredients to
constitute offence under section 306 of I.P.C. Learned
counsel relies on the judgment of the Apex Court in the
case of Madan Mohan Singh v. State of Gujarat, (2010)
8 SCC 628 and in the case of S.S.Chheena v. Vijay
Kumar Mahajan, 2010 ALL MR (Cri.) 3298 (SC).
Netai Dutta vs State Of West Bengal on 28 February, 2005
In
the similar circumstances, as reported
in Netai Duta v. State of W.B., this
Court had quashed the proceedings
initiated against the accused.
Madan Mohan Singh vs State Of Gujarat & Anr on 17 August, 2010
5. Shri Mundargi, learned senior counsel
appearing for the applicant in Criminal Revision
Application No.265/2011 submits that taking allegations
in the various statements recorded by the prosecution on
its face value, it cannot be said that the prosecution
is in a position to point out any act which would amount
to instigation, aid or abetment by the applicant to the
deceased Sneha to commit suicide. He submits that the
material placed on record by the prosecution is not of
such a nature which even at, prima facie stage, would
establish a mens rea, which is one of ingredients to
constitute offence under section 306 of I.P.C. Learned
counsel relies on the judgment of the Apex Court in the
case of Madan Mohan Singh v. State of Gujarat, (2010)
8 SCC 628 and in the case of S.S.Chheena v. Vijay
Kumar Mahajan, 2010 ALL MR (Cri.) 3298 (SC).
Section 107 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 34 in The Indian Penal Code, 1860 [Entire Act]
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