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Volume No - 11     Issue No - 17

In order to prove mens rea, there has to be something on record to establish or show that the appellant herein had a guilty mind and in furtherance of that state of mind, abetted the suicide of the deceased. The ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous. This is nothing more than an inference, without any material support. Therefore, the same cannot be the basis for sustaining conviction of the appellant, under section 306 of the IPC. Consequently, interfering with the impugned judgment of the High Court and the Trial Court, the appellant’s conviction under Section 306 IPC is set aside and quashed.

Judgement as it is

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