Pouring kerosene on oneself 'merely preparation' to commit suicide, not punishable under IPC: Magistrate Court

New Delhi: A man accused of trying to commit suicide by pouring kerosene oil on himself at an MCD office here 16 years ago, has been acquitted by a Delhi court which said it was "merely a preparation" to commit suicide and nothing more.

The court said the act of the accused, who poured kerosene on himself and took out a matchstick, could only be termed as a preparation to commit suicide which is not punishable under the IPC.

"The act of accused pouring the kerosene oil on himself and taking out a matchstick can at best be termed as a preparation to commit suicide which is not punishable under Indian Penal Code. "An attempt is the direct movement towards commission of crime after the preparation have been made. However in my considered view, the act of accused in the instant case was merely a preparation and nothing more than that," Metropolitan Magistrate Anuj Agarwal said while acquitting the accused.

Representational image. IBNLive

Representational image. IBNLive

"Since the act of accused did not cross the stage of preparation so as to reach the stage of attempt, the very ingredient to constitute offence under section 309 (attempt to commit suicide) of IPC is not made out in the instant case and therefore the case of prosecution must fail," the court said.

According to the prosecution, on December 20, 2000, a complaint was lodged that the accused had tried to immolate himself by pouring kerosene oil on himself at the office of the Deputy Education Officer of MCD at Green Park in South Delhi.

During trial, the accused had denied the allegations against him and claimed innocence. The court, which acquitted the accused after a 16-year long trial said, "an act done towards commission of an offence which does not lead inevitably to the commission of offence, unless it is followed or preceded by other act, is merely an act of preparation.

The case of prosecution even if taken as true on its face value, does not constitute an attempt to commit suicide."

Updated Date: Apr 15, 2016 11:59 AM

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