Under the general principle of law embodied in Section 511 I.P.C. every offence can be attempted also. In jurisprudential theory intention, preparation, attempt and commission are the four specific stages of commission of every crime, from principle and precedent I am unable to accept the theory that so far as the offence under Section 306 I.P.C. is concerned, this third step/phase must be held to be absent and non-existent in all cases. I take the view that an attempt to commit the offence under Section 306 I.P.C. is certainly possible and there is no warrant for the presumption that there cannot ever be a conviction for an offence under Section 306 r/w. 511 I.P.C. If a person abets the commission of suicide and the abetment does not succeed and fructify into a completed offence under Section 306 I.P.C. it must, according to me certainly, be held to fall within the sweep of Section 306 r/w. 511 I.P.C.{Para 21}
IN THE HIGH COURT OF KERALA
B.A. No. 7311 of 2007
Decided On: 18.12.2007
Berin P. Varghese and Ors. Vs. State of Kerala
Hon'ble Judges/Coram:
R. Basant, J.
Citation: MANU/KE/0590/2007
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