Supreme Court · 2010 INSC 10 · Decided 5 January 2010
Gangula Mohan Reddy v. State of Andhra Pradesh
- Court
- Supreme Court of India
- Citation
- 2010 INSC 10 · [2010] 1 S.C.R. 7
- Case number
- CRIMINAL APPEAL No. 1301/2002
- Decided
- 5 January 2010
- Bench
- DALVEER BHANDARI, A.K. PATNAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 306
Headnote
Penal Code, 1860: A B ss. 306 and 107 - Abetment to suicide - HELD: c Abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing - There has to be a clear mens rea to commit the offence - Without a positive act on the parl of the accused to conviction cannot be sustained. The appellant was convicted by the trial court uls 306 IPC on the allegation that his farm labour (deceased) committed suicide because of the harassment meted out D to him by the appellant. The prosecution case was that the appellant, two days prior to the
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