ORDER

This appeal is directed against the judgment dated 25.9.96 passed in writ petition No. 641 of 1986 by the High Court of Bombay upholding the challenge made by the respondent Shri Maruti Shripati Dubal about the vires of Section 309 of the Indian Penal Code. The respondent Shri Dubal was a Police Constable attached to the Bombay City Police Force and on the date of the incident, he had already out in 19 years service as a Constable. In 1981, he met with an accident and suffered head injuries and although he recovered from such injury he became mentally ill and continued to be so until that day. He attempted to commit suicide by pouring kerosene on his body and lighting match stick as alleged by the prosecution. Before the said case of attempted suicide could be decided by the Court, the respondent challenged the vires of Section 309 of the IPC before the High Court of Bombay by filing the writ petition and by the impugned Judgment, the High Court found that Section 309 was ultra vires. Articles 14 and 21 of the Constitution.

2. In Criminal Appeal No. 461/96 (Lokendra Singh v. State of Madhya Pradesh1) the Constitution Bench of this Court by judgment dated 21st March, 1996 has up