Case Note & Summary
The petitioner, Kaviraj.S, was charge-sheeted for offences under Sections 309, 504, and 120-B of the Indian Penal Code (IPC) in C.C.No.105/2017 arising out of Crime No.350/2016 of Hiriyur Rural Police Station. The charge sheet alleged that on 24.10.2016, the petitioner left his house with an intention to commit suicide, and on 25.10.2016, his father (accused No.2) took a death note allegedly left by the petitioner to the police station, making allegations against the District Superintendent of Police. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire proceedings. The High Court of Karnataka heard the matter. The court observed that the only allegation against the petitioner was that he attempted to commit suicide, but perusal of the entire charge sheet revealed no material to show how he made the attempt. There was no evidence that he actually committed suicide and survived. The court held that mere intention or preparation to commit suicide, without an overt act, does not constitute an attempt under Section 309 IPC. Consequently, the court allowed the petition and quashed the proceedings only for the offence under Section 309 IPC, noting that the other offences under Sections 504 and 120-B IPC were not challenged and were left to be tried. The judgment was delivered on 27th June 2018 by Justice K.N.Phaneendra.
Headnote
A) Criminal Law - Attempt to Commit Suicide - Section 309 IPC - Requirement of Overt Act - The charge under Section 309 IPC requires an actual attempt to commit suicide, i.e., an overt act towards suicide. Mere intention or preparation, such as leaving a death note and leaving the house, without any material showing that the accused actually attempted suicide and survived, does not constitute an attempt. The court quashed the proceedings for the offence under Section 309 IPC. (Paras 2-4) B) Criminal Procedure - Quashing of Proceedings - Section 482 Cr.P.C. - Abuse of Process - Where the charge sheet does not disclose any material to support the essential ingredients of the offence, continuing the proceedings would be an abuse of process of law. The court allowed the petition and quashed the proceedings in C.C.No.105/2017 for the offence under Section 309 IPC. (Para 4)
Issue of Consideration
Whether the charge under Section 309 IPC can be sustained when there is no material to show that the accused actually attempted to commit suicide, beyond leaving a death note and leaving the house with intention.
Final Decision
The court allowed the petition and quashed the proceedings in C.C.No.105/2017 only for the offence under Section 309 IPC. The other offences under Sections 504 and 120-B IPC were not challenged and were left to be tried.
Law Points
- Attempt to commit suicide requires an overt act
- mere intention or preparation is not sufficient
- Section 309 IPC
- Section 504 IPC
- Section 120-B IPC
- Criminal Procedure Code Section 482
