(1.) GANDHIJI once observed:
(2.) DESPITE the above, Hamlet's dilemma of "to be or not to be" faces many a soul in times of distress, agony and suffering, when the question asked is "to die or not to die". If the decision be to die and the same is implemented to its fructification resulting in death, that is the end of the matter. The dead is relieved of the agony, pain and suffering and no evil consequences known to our law follow. But if the person concerned be unfortunate to survive, the attempt to commit suicide may see him behind bars, as the same is punishable under Section 309 of our Penal Code.
(3.) THE first in point of time is the decision of a division bench of Delhi High court in State v. Sanjay Kumar Bhatia, in which the court was seized with the question as to whether the investigation of the case under Section 309 should be allowed to continue beyond the period fixed by Section 368 Criminal Procedure Code. Some loud thinking was done by the bench on the rationale of Section 309. Sachar, J., as he then was, observed for the bench:
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