Wednesday, February 25, 2026

Conviction under Section 306 IPC impermissible, in absence of proof of suicide, abetment within meaning of Sections 306, 107

In Ajay Choudhary vs. The State of Bihar (2026), Patna High Court's Division Bench of Justices Bibek Chaudhary and Dr. Anshuman delivered a 20-page long judgment dated February 25, 2026 wherein, it concluded:"...there is no reliable evidence on record to establish that the deceased committed suicide or that the appellant abetted the commission of suicide. In absence of proof of suicide and abetment within the meaning of Sections 306 and 107 of the Indian Penal Code, conviction under Section 306 IPC would also be impermissible in law. 80. Accordingly, this Court is of the considered view that the appellant is entitled to benefit of doubt. The prosecution has failed to establish beyond reasonable doubt that the appellant intentionally caused disappearance of evidence with the object of screening himself from legal punishment. The conviction under Section 201 IPC therefore cannot be sustained."

It added: "81. In view of the discussions and findings recorded. 82. The conviction of the appellant under Section 304B of the Indian Penal Code and the sentence imposed thereunder are set aside. 83. The conviction and sentence of the appellant under Section 201 of the Indian Penal Code are also set aside .84. The appellant is acquitted of all the charges. 85.If the appellant is in custody, he shall be released forthwith, unless required in any other case. 86. If on bail, his bail bonds stand discharged."


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