SHIBU Vs. SI OF POLICE
LAWS(KER)-2003-6-20
HIGH COURT OF KERALA
Decided on June 18,2003

SHIBU Appellant
VERSUS
SI OF POLICE Respondents

JUDGEMENT

- (1.) Petitioner is the accused in Crime 215/2003 of North Parur Police Station the investigation of which is being proceeded alleging that the petitioner committed the offence under S.306 of the Indian Penal Code. Annexure - A1 is the first information report in which even though S.306 is shown as the section under which the offence which the petitioner is alleged to have committed is punishable what is said is that the defacto complainant made an attempt to commit suicide and it was the petitioner who abetted the commission of that act by the defacto complainant. The proceedings in the above crime are sought to be quashed by saying that even if the allegations in the first information report are taken to be true, it will not constitute an offence punishable under S.306 of the Indian Penal Code.
(2.) The submission made by the learned counsel appearing for the petitioner is that S.306 of the Indian Penal Code is not attracted when the person, who made an attempt to commit suicide, did not die. Here admittedly the person, who made an attempt to commit suicide, did not die and that person is the defacto complainant. S.306 of the Indian Penal Code makes it clear that there will have to be suicide for attracting that section. Even in the opening portion of that section it is stated if any person commits suicide and that shows that the section will not be attracted when there is only attempt to commit suicide. Here, there is no suicide and admittedly there was only an attempt to commit suicide and a plain reading of S.306 would indicate that that section is not applicable when there is no suicide.
(3.) This aspect of the matter came up for consideration of the Supreme Court in the decision in Wazir Chand v. State of Haryana ( AIR 1989 SC 378 ). There, the Supreme Court said that S.107 of the Indian Penal Code read along with S.306 would make it clear that if any person instigates any other person to commit suicide and as a result of such instigation the other person commits suicide, the person causing the instigation is liable to be punished under S.306 of the Indian Penal Code for abetting the commission of suicide. In that decision it was held that a plain reading of S.306 shows that before a person can be convicted of abetting the suicide of any other person it must be established that such other person committed suicide.;


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