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A.R. Satish vs State Of Maharashtra on 10 April, 2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO.435 OF 2016

A.R. Satish
Age – 33 yrs.,
Occupation – Service,
R/at. Jai Laxmi Co-op.
Hsg. Soc., St.Anthony Road,
Poisar, Kandivali (W)
Mumbai – 500 067 .. Applicant
Vs.
State of Maharashtra
(Through Kalamboli Police Station) .. Respondent

……
Mr.Niranjan Mundargi a/w. Mr.Mayur Bhojwani and Mr.Anees A.
Patel i/b. M/s.Manilal Kher Ambalal Co., Advocate for the
Applicant.
Mr.A.R. Satish, Applicant, present.
Mr.A.R. Kapadnis, APP for Respondent – State.
……

CORAM : PRAKASH D. NAIK, J.

RESERVED ON : FEBRUARY 9, 2018.
DELIVERED ON : APRIL 10, 2018.

JUDGMENT :

The applicant is arraigned as an accused in the

proceedings arising out of C.R.No.I-451 of 2007, registered with

Kalamboli Poilce Station for offences punishable under Section

306 read with 511 of the Indian Penal Code (IPC). On completing

the investigation, the charge-sheet was filed before the

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competent Court and the proceedings were numbered as Regular

Criminal Case No.227 of 2008. The case was then committed to

the Court of Sessions and numbered as Sessions Case No.31 of

2014. The applicant is aggrieved by the order dated 6thMay,

2016, passed by the Sessions Court Raigad – Alibag, rejecting the

application for discharge preferred by the applicant before the

said Court vide Exhibit – 9.

2 The brief facts of the prosecution case are as follows:

(a) The First Information Report (FIR) was registered at the

instance of Shri Shankar Pandian Subayya Dever. The

statement of the complainant was recorded on 13 th

October, 2007. It is alleged that the complainant is

employed at Bharat Petroleum Corporation since 15 years.

He is in habit of consuming liquor since long. By using his

credit card of ABN Ambro Bank, he had made purchases.

He is also having credit cards of ABN Ambro bank, City

Bank, ICICI Bank. The complainant had purchased gold

ornaments of Rs.75,000/- by using credit card of City Bank

for his friend Madhavrao. He was frequently making use of

his credit cards for liquor.

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(b) one person, named, Satish visited his house and informed

him that he has come from ICICI Bank. He insisted that the

complainant should make payment of dues towards the

credit cards. He threatened that in case the money is not

paid, household articles from his house will be taken away.

Satish used to give him calls frequently on his mobile

phone and the phone at his company office and used to

threaten him for paying said dues. Since he was disturbed,

the complainant had consumed sleeping pills in the month

of April and rat kill poison for which he was treated in the

hospital at New Panvel. At that time, due to oversight he

informed that he had consumed the medicine/poison on

account of family reason.

(c) On 6th October, 2007, when the complainant visited his

office, he was informed that there was a phone call for him

from one Satish at the instance of Citi Bank. Thereafter, he

again received a call on his mobile phone. He was

informed that the caller had left the ICICI Bank and had

joined Citi Bank. He was also informed that an amount of

Rs.1,30,000/- is due and payable by him to the Citi Bank.

The complainant informed the caller that he has paid

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entire dues of the Bank, however, he was informed that on

verification of the file, it was noticed that the dues are to

be paid to the Bank by him. At that time, the complainant

was threatened by the accused stating that he will be

traced and will be handpicked for non payment of the

amount. Due to that, the complainant was under mental

pressure.

(d) Due to fear, the complainant did not join his duty on 8 th

October, 2007. He went to his room at Panvel and,

thereafter, to the dispensary of Dr.Wani. He told the doctor

that he is suffering from cough and cold and obtained

medicines from him. He also complained that he is not

getting sufficient sleep and hence, doctor prescribed ten

sleeping pills and advised him to take one pill at night.

Complainant used the said prescription for purchasing

sleeping pills at three different medical stores and

purchased 30 sleeping pills. Thereafter, he consumed

country liquor (Tadi) at the Tadi Shop and walked towards

Diva side by Panvel railway line. He sat near one nullah on

the side of the railway line and consumed 30 sleeping

tablets along with water. Thereafter, he started walking

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towards Kalamboli, and on the way, he met his brother-in-

law Venkatesh, who admitted him at MGM Hospital. The

FIR was registered for the offence punishable under

Sections 306 and 511 IPC.

3 Applicant preferred an application for discharge

before the Sessions Court vide Exhibit-9. The said application

was rejected by order dated 6th May, 2016. Hence, the applicant

has preferred this Revision Application challenging the said

order.

4 Mr.Mundergi, Learned advocate for the applicant

submitted that the charge under Section 306 read with 511 of

IPC is not made out against the applicant. There is no evidence to

frame charge for the said offences. Even if the allegations made

in the FIR and the statements of witnesses are accepted tobe

true, there is no justification to prosecute the applicant for the

said offence. It is further submitted that the statements recorded

by the investigating agency and the documents produced before

the Court do not disclose that there are suspicious circumstances

against the applicant to frame charge. Trial Court has committed

an error in holding that there was grave suspicion against the

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applicant that due to his alleged action, the victim was forced to

attempt suicide. The charge-sheet does not discloses the

essential ingredients of the offence alleged therein. It is further

submitted that the complainant in his statement has stated that

in April 2007, he attempted to commit suicide for the first time

by consuming sleeping pills along with rat poison and was

hospitalized and treated for the same. It is submitted that the

complainant as per his own version is alcoholic and having

suicidal tendencies. It is submitted that the Sessions Court failed

to appreciate that nobody would abet an attempt to commit

suicide. Abetment involves a mental process of instigating a

person or intentionally aiding a person in doing of a thing. There

is no material on record which directly or indirectly implicate the

applicant without any positive act on his part to instigate or aid

in committing suicide and, therefore, the prosecution against the

applicant is not sustainable. He further submitted that the

intention of the legislature is clear that there has to be a clear

means rea to commit the offence under Section 306 of IPC and

upon scrutiny of facts of this case, neither of the ingredients of

abetment are directed towards the applicant. Due to lack of any

credible material on record against the applicant, the

prosecution cannot continue. The investigating authority has

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mechanically applied Section 511 of the IPC. There cannot be any

offence of attempting to abet suicide and, therefore, the entire

prosecution stands vitiated.

5 Learned counsel relied upon the following decisions:

(i) S.S. Chheena Vs. Vijay Kumar Mahajan Anr. 1;

(ii) M. Mohan Vs. Velmurugan Anr.2, decided by the

Supreme Court;

(iii) Madan Mohan Singh Vs. State of Gujarat Anr. 3

(iv) Sanju Alias Sanjay Singh Sengar Vs. State of M.P. 4

6 Learned APP submitted that there was sufficient

material before the trial Court to proceed against the applicant.

The statement of the complainant and other witnesses clearly

establish the case for the offence alleged against the applicant.

The statement of witnesses reveal that the complainant had

obtained credit facility from the Citi Bank and at the instance of

the said bank, the applicant-accused had threatened the

complainant of dire consequences on account of non payment of

the dues of the Bank. The applicant-accused was constantly

1 (2010)12 SCC 190
2 Appeal No.611 of 2011, dated 01.03.2011
3 (2010) 8 SCC 628
4 (2002) 5 SCC 371

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telephoning the complainant and was intimidating him for non-

payment of the alleged dues to the Bank. It is further submitted

that at the stage of framing of charge, prima facie case is

required to be made out against the accused. The material on

record makes out a case for framing of charge. At the stage of

framing charge, the Court cannot conduct a roving inquiry and /

or appreciate the evidence on record. The submissions advanced

by the applicant-accused may be considered during trial. The

statement of the complainant, the statements of the witnesses

and the complainant and as per law clearly depicts instigation

and harassment meted out to the complainant, which is properly

made to reason to suicide but luckily the complainant had

survived and, therefore, the accused is not entitled for discharge.

The complainant was disturbed on account of constant

harassment caused to him by the accused. The statement of the

wife of the complainant as well as borther-in-law supports the

prosecution case. Complainant had attempted suicide only on

account of the mental torture caused by the accused. Therefore,

the prosecution has made out a case for framing of charge un der

Sections 306 and 511 of IPC.

7 After hearing both sides and on perusal of the

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documents on record in the form of charge-sheet, it appears that

the accused was initially working with ICICI Bank and the

complainant had utilized credit card facility of the said bank, and,

was defaulter of the amount due to the said bank. According to

the complainant, on the earlier occasion on account of the raids

for recovery of dues of ICICI Bank and intimidation he had

consumed sleeping pills and rat poison and he was admitted in

the hospital for treatment. The statement of the complainant

further discloses that during the course of investigation, in

relation to the earlier incident due to oversight he had stated that

he did so on account of family reasons. Complainant also stated

that on the earlier occasion also he was threatened by the

accused and, thereafter, the accused shifted to the Citi Bank.

Prosecution case is that, the complainant has also used the credit

card facility of Citi Bank and the said bank claimed that there

were dues of Rs.1,30,000/- towards the utilization of the credit

card of the said Bank which were demanded by the accused. For

the purpose of recovery, accused was threatened that he will be

handpicked from the premises in case he does not make payment,

and, therefore, he was under fear and was required to take a

drastic step of consuming sleeping pills. The statement also

indicate that he had approached Dr.Wani and complained of

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cough and cold and had also stated that he is not getting proper

sleep and, hence, Dr.Wani had prescribed ten sleeping pills to

him. He purchased the tablets from three different medical

stores.

8 The statement of the wife of the complainant

Smt.Yangama Devar recorded on 14th October, 2007, mentions

that three months ago a person named Satish had visited their

residence and threatened of dire consequences in case the

payment in relation to the credit card of ICICI Bank is not made.

The said person then kept on calling at their residence and

demanded the money. She further stated that her husband had

informed her that since last 10 to 12 days the said person had

telephoned him at office and insisted for payment of installments

and due to that he was disturbed. Statement of Vyantakesh D.

Pathros dated 8th October, 2007 indicate that he is brother-in-law

of the complainant. The complainant informed him that due to

oversight he had consumed excessive medicine. He was taken to

the hospital for treatment. In his supplementary statement dated

14th October, 2007, however, he has stated that on inquiry being

made with the complainant, he informed that the reason for

consuming the sleeping pills is that he was under tension on

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account of harassment caused by the accused for non-payment of

the dues towards the credit card of Citi Bank. The statement of

Dr.Wani refers to the treatment given to the complainant and the

medicine prescribed by him. The statement of Dilip Kumar Jain

mentions that he is the proprietor of jewellery shop. He stated

that he is having a shop of jewellery at New Panvel and that the

complainant and his friend had visited his shop one year ago for

purchasing jewellery for his friend. The jewellery was sold and

the balance amount of Rs.25,000/- towards the purchase is still

due. He further stated that the complainant and his wife had also

visited the shop and made purchases worth Rs.1,30,000/- by

using credit card. The amount of Rs.75,000/- was paid towards

the said purchase and the balance amount of Rs.40,000/- is still

due from them. The said shopkeeper tried to approach them for

recovery of money but could not succeed.

9 The prosecution is thus, relying upon the evidence in

the nature of the statement of the complainant and other

witnesses referred to hereinaove. Assuming that the version of

the said witnesses including the complainant is true, it cannot be

said that the prosecution has made out a case for framing charge

against the applicant. The prosecution is trying to urge that the

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victim had attempted suicide. Since the suicide was attempted on

account of alleged harassment, coercion, threat etc., the accused

is responsible for instigating the victim for such attempt. Hence,

there was an attempt to commit suicide and since the

complainant was abeted to commit such act with the aid of

Section 511 of IPC, the applicant is being prosecuted. First of all,

the material on record taken as it is, does not in any manner

fulfill the requirement of abetment to the victim to commit the

alleged act. Accused was acting at the instance of the bank for

recovery of the dues of the bank. Admittedly, the victim had

utilized the credit card of the Citi Bank. The bank was, thus,

trying to recover an amount of Rs.1,30,000/-. Demanding the

money from the complainant and assuming that he was

threatened of dire consequences is in no manner can constitute

an act of abetment. The Sessions Court has committed an error

while rejecting the application by observing that there is grave

suspicion against the accused that due to his alleged acts, the

victim was forced to commit suicide.

10 In the case of S.C. Chheena (Supra), the Apex

Court has observed that abetment involves a mental process of

instigating a person or intentionally aiding a person in doing of a

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thing. Without a positive act on the part of the accused to

instigate or aid in committing suicide, conviction cannot be

sustained. The intention of the legislature and the ratio of the

case decided by this Court is clear that in order to convict a

person under Section 306 of IPC, there has to be a clear mens rea

to commit the offence. It also requires an active act or direct act

which led the deceased to commit suicide seeing no option and

that act must have been intended to push the deceased into such

a position that he committed suicide. Applying the ratio laid down

in the said decision, it will have to be held that even if the act

committed by the victim would have been accomplished, it would

not have been an offence under Section 306 of IPC and the

question of invoking Section 511 with Section 306 does not arise.

In the present case, it is also apparent that the victim had earlier

attempted suicide on account of the demands towards the

payment of dues of credit card of ICICI Bank. The complainant’s

statement also indicate that he is habitually consuming liquor and

even on the date of incident he had consumed liquor followed by

sleeping pills of Trica company. It appears that the victim is

hypersensitive to ordinary discord and differences. In the

decision referred above, the Supreme Court has taken into

consideration similar conduct of the victim and has observed that,

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human sensitivity of each individual differs from the other.

Different people behave differently in the same situation. In

another decision in the case of M.Mohan (Supra), decided by

the Supreme Court, similar question was considered by the

Court. It was observed that, the intention of legislature and the

ratio of cases decided by Court, are clear that, in order to convict

a person under Section 306 IPC there has to be clear mens rea to

commit the offence. It also requires an active act or direct act

which led the deceased to commit suicide. In the case of Madan

Mohan Singh (Supra), the Supreme Court has observed that in

order to bring out an offence under Section 306 of IPC, specific

abetment, as contemplated by Section 107 of IPC on the part of

the accused with an intention to bring out the suicide of a person

concern as a result of that the abatement is required. The

intention of the accused to aid or to instigate or to abet the

deceased to commit suicide is a must for this particular offence

under Section 306 of IPC. In the case of Sanju @ Sanjay Singh

Sengar (Supra), it is observed that Section 107 of IPC define

abetment to mean that a person abets the doing of a thing, if he

firstly instigates a person to do that thing; or secondly, engages

with one or more other person or persons in any conspiracy for

the doing of that thing, if an act or illegal omission takes place in

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pursuance of that conspiracy, and in order to the doing of that

thing; or intentionally aids, by any act or illegal omission, the

doing of that thing.

11 In the light of the observations of the Supreme Court

in the aforesaid decision, applying the said ratio in the facts of

this case, it cannot be said that there was any abetment on the

part of the accused as required under Section 306 of IPC. In

absence of any evidence of abetment, it would be absurd to

prosecute the accused by invoking Section 511 of the IPC.

“Abetment” has been defined under Section 107 of the Code. It

would be appropriate to reproduce the said provision, which

reads as under:

“Section 107 in The Indian Penal Code

107 Abetment of a thing.–A person abets the doing of a
thing, who–

First — Instigates any person to do that thing; or

Secondly. –Engages with one or more other person or
persons in any conspiracy for the doing of that thing, if an
act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
Thirdly — Intentionally aids, by any act or illegal omission,

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the doing of that thing.

Explanation 1.–A person who, by wilful
misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose, voluntarily causes or
procures, or attempts to cause or procure, a thing to be
done, is said to instigate the doing of that thing.

Illustration

A, a public officer, is authorized by a warrant from a
Court of Justice to apprehend Z. B, knowing that fact and
also that C is not Z, wilfully represents to A that C is Z,
and thereby intentionally causes A to apprehend C. Here
abets by instigation the apprehension of C.

Explanation 2.–Whoever, either prior to or at the
time of the commission of an act, does anything in order
to facilitate the commission of that act, and thereby
facilitate the commission thereof, is said to aid the doing
of that act.”

12 On analysing the element of word “abetment”, as

contemplated under Section 107 of IPC, by no stretch of

imagination it can be said that, ingredients of the abetment are

attracted on the basis of statement of the complainant and other

witnesses. There should be intention to provoke, instigate or

encourage doing of an act by the accused.

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13 In the present case, the victim has survived and

thereby it was construed that he had attempted suicide. Such an

attempt constitute an offence under Section 309 of IPC against

the person who commits such an act. No prosecution was

launched against the complainant for the said offence.

Shockingly, the prosecution has been launched against the

applicant with the aid of Section 511 of the IPC. It would be

necessary to embark upon the said provision, which reads as

under:

511 Punishment for attempting to commit offences
punishable with imprisonment for life or other
imprisonment.–Whoever attempts to commit an offence
punishable by this Code with 1[imprisonment for life] or
imprisonment, or to cause such an offence to be commit-
ted, and in such attempt does any act towards the
commission of the offence, shall, where no express
provision is made by this Code for the punishment of such
attempt, be punished with 2[imprisonment of any
description provided for the offence, for a term which may
extend to one-half of the imprisonment for life or, as the
case may be, one-half of the longest term of imprisonment
provided for that offence], or with such fine as is provided
for the offence, or with both.

Illustrations

(a) A makes an attempt to steal some jewels by
breaking open a box, and finds after so opening the box,
that there is no jewel in it. He has done an act towards the

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commission of theft, and therefore is guilty under this
section.

(b) A makes an attempt to pick the pocket of Z by
thrusting his hand into Z’s pocket. A fails in the attempt in
consequence of Z’s having nothing in his pocket. A is
guilty under this section.

Classification of Offence. – The offence under this section
is, according as the offence is cognizable or non-
cognizable; according as the offence attempted is bailable
or non-bailable, non-compoundable and triable by the
Court by which the offence attempted is triable.”

14 The following conditions are required to constitute to

justify application of Section 511 of IPC.

(a) The offender should have done some act towards

commission of the main offence;

(b) Such an attempt is not expressly covered as a penal

provisions elsewhere in the IPC.

It was imprudent of the investigating agency to

register an FIR against the applicant charging him under Section

306 read with 511 of IPC. There is no evidence even, prima facie,

to indicate that the offender have done any act towards

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commission of main offence. In the absence of any material in

that regard, the question of applying Section 511 does not arise.

The main offence would have been an abetment to commit

suicide. There cannot be an offence of attempt to commit an

offence of abetment to commit suicide. The attempt is by the

victim and it was not an attempt in any manner by the accused.

IPC refers to several offences relating to attempt to commit penal

offences. The attempts specifically provided for are Section 121,

attempt to wage war against the Government of India. Section

124, attempt wrongfully to restrain the President andother high

officials with intent to induce or compel them to exercise or

refrain from exercising any of their lawful powers. Section 125,

attempt to wage war against the Government of any Asiatic

Power in alliance or at peace with the Government of India.

Section 130, attempt to rescue State prisoners or prisoners of

war. Section 161, attempt by a public servant to obtain an illegal

gratification. Section 162, attempt to obtain a gratification in

order by corrupt or illegal means or to influence a public servant.

Section 163, attempt to obtain a gratification for exercising

personal influence over a public servant. Section 169, attempt to

use as the evidence known to be false. Sections 198, 200, attempt

to use as true a certificate or declaration known to be false in a

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material point. Section 213, attempt to obtain a gratification to

screen an offender from punishment. Sections 239 and 240,

attempt to induce a person to receive a counterfeit coin. Section

241, attempt to induce a person to receive as genuine counterfeit

coin which, when the offender took it, he did not know to be

counterfeit. Sections 307 and 308, attempts to commit murder

and culpable homicide. Section 309, attempt to commit suicide.

Sections 385, 387 and 389, attempt to put a person in fear of

injury or accusation in order to commit extortion. Section 391,

conjoint attempt of five or more person to commit dacoity.

Section 393, 394 and 398, attempts to commit robbery. Section

460, attempt by one of many joint house breakers by night to

cause death or grievous hurt. Abetment to commit suicide is an

independent offence and there cannot be any attempt to abet in

commission of suicide. On the contrary, the act of the victim

would invite prosecution under Section 309 of IPC against him.

Section 511 of IPC has been incorporated with the different

purposes. The gist of Section 511 is attempt to commit an offence

falling under certain categories. This section applies where no

specific provision for attempt to commit an offence has been

provided in the Code itself.

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15 An attempt is an overt act immediately immediately

connected with the commission of an offence and forming part of

a series of acts which, if not interrupted or frustrated or

abandoned would result in the commission of completed offence.

Attempt is nothing but a preliminary crime failure to commit

substantive crime. In the present case, the attempt to commit

suicide is mad e by complainant. Section 511 IPC refers to

attempt by the accused who fail to accomplish the crime. The

words "to cause such an offence tobe committed would also not

cover the situation contemplated in the present case.

16 In the case of Abhayanand Mishra Vs. State of

Bihar5. The Supreme Court has dealt with the issue whether in

that case, the accused could be convicted for an offence under

Section 420/511 IPC. After analysing the law relating to attempt,

and referring to various decisions in paragraph 26, it was

observed as follows:

"We may summarise our views about the
construction of S.511, I.P.C. thus: A person commits
the offence of 'attempt to commit a particular
offence' when (i) he intends to commit that particular
offence; and (ii) he, having made preparations and
with the intention to commit the offence, does an act

5 AIR 1961 SC 1698

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towards its commission; such an act need not be the
penultimate act towards the commission of that
offence but must be an act during the course of
committing that offence."

17 Thus, the accused intends to commit particular

offence and having made preparation and with intention to

commit the offence, does the act towards commission, whether

this requirement of law can be applied in the present case. The

question which arises for consideration is :

(i) Is there any intention to abet suicide?;

Was there any preparation and attempt to accomplish the crime?

18 The same principle was reiterated by Apex Court in

subsequent decision in the case of Omprakash Vs. State of

Punjab6 and in the case of Sudhir Kumar Mukherjee Vs. State

of West Bengal7. In the decision of Omprakash (Supra) it is

observed that the expression 'whosoever attempt to commit an

offence' in Section 511 can only mean "whoever intends to do a

certain act with intent or knowledge necessary for the

commission of that offence." In the case of State of

6 AIR 1961 SC 1782
7 AIR 1973 SC 2655

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Maharashtra Vs. Mohd. Yakub Ors.8, the Supreme Court

was pleased to analyse the law on attempt. It would be relevant

to quote paragraphs 13 and 31 of the said judgment to

understand the issue.

"13 Well then, what is an "attempt"? Kenny in
his 'Outlines of Criminal Law' defined "attempt" to
commit a crime as the "last proximate act which a
person does towards the commission of an offence,
the consummation of the offence being hindered by
circumstances beyond his control." This definition is
too narrow. What constitutes an "attempt" is a mixed
question of law and fact, depending largely on the
circumstances of the particular case. "Attempt"
defies a precise and exact definition. Broadly
speaking, all crimes which consist of the commission
of affirmative acts are preceded by some covert or
overt conduct which may be divided into three
stages. The first stage exists when the culprit first
entertains the idea or intention to commit an offence.

In the second stage, he makes preparations to
commit it. The third stage is reached when the
culprit takes deliberate overt steps to commit the
offence. Such overt act or step in order to be
'criminal' need not be the penultimate act towards
the commission of the offence. It is sufficient if such
act or acts were deliberately done, and manifest a

8 AIR 1980 SC 1111

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clear intention to commit the offence aimed, being
reasonably proximate to the consummation of the
offence. As pointed out in Abhayanand Mishra Vs.
State of Bihar, (1962) 2 SCR 241 there is a
distinction between 'preparation' and 'attempt'.
Attempt begins where preparation ends. In sum, a
person commits the offence of 'attempt to commit a
particular offence' when (i) he intends to commit that
particular offence; and (ii) he, having made
preparations and with the intention to commit the
offence, does an act towards its commission; such an
act need not be the penultimate act towards the
commission of that offence but must be an act during
the course of committing that offence.

31 Let me now state the result of the search and
research: In order to constitute 'an attempt', first,
there must be an intention to commit a particular
offence, second, some act must have been done
which would necessarily have to be done towards the
commission of the offence, and, third, such act must
be 'proximate' to the intended result. The measure of
proximity is not in relation to time and action but in
relation to intention. In other words, the act must
reveal, with reasonable certainty, in conjunction with
other facts and circumstances and not necessarily in
isolation, an intention, as distinguished from a mere
desire or object, to commit the particular offence,
though the act by itself may be merely suggestive or

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indicative of such intention; but, that it must be, that
is, it must be indicative or suggestive of the
intention."

19 Applying the said analogy and test laid down in the

aforesaid decision, in the present case, it cannot be said that

there is any abetment to commit the alleged crime or any attempt

to do so. Apart from that, in my considered opinion, the accused

cannot be prosecuted by involving Section 511 to be read with

Section 306 IPC.

20 In the aforesaid circumstances, I do not think that

there was any evidence, even, prima facie, to proceed against the

applicant for the alleged offences, and, therefore, the applicant

should have been discharged by the trial Court.

21 For the reasons stated above, the application

deserves to be allowed. Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Revision Application is allowed;

(ii) The impugned order dated 6th May, 2016,

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passed by the Ad-hoc Assistant Sessions Judge-

I, Raigad-Alibag, is set aside and the applicant

is discharged in the proceedings arising out of

Criminal Case No.100031/2014, pending before

the Sessions Court at Raigad - Alibag.

(PRAKASH D. NAIK, J.)

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