Just pouring kerosene on self not an attempt to suicide: Court

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.
"Theactofaccusedpouringthekeroseneoilonhimself and takingoutamatchstickcanatbestbetermedasa preparationto commitsuicidewhichisnotpunishableunder IndianPenalCode.
"Anattemptisthedirectmovementtowardscommissionof crime after the preparation have been made. However in my consideredview,theactofaccusedintheinstantcasewas merelyapreparationandnothingmorethanthat," Metropolitan Magistrate Anuj Agarwal said while acquitting the accused.

"Sincetheactofaccuseddidnotcrossthestageof preparationsoastoreachthestageofattempt,thevery ingredienttoconstituteoffenceunder section 309 (attempt to commit suicide)of IPCisnotmadeoutin theinstantcase and thereforethecaseofprosecutionmustfail," 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, "anactdonetowardscommissionofanoffence which doesnotleadinevitablytothecommissionofoffence, unlessitis followed or preceded by other act, is merely an act of preparation.Thecaseofprosecutioneveniftakenas trueonits facevalue,doesnotconstituteanattempt to commit suicide.