Judgment

HANSARIA, J.:- Gandhiji once observed :

"Death is our friend, the trust of friends. He delivers us from agony. I do not want to die of a creeping paralysis of my faculties-a defeated man".

The English poet William Ernest Henley wrote:

"I am the master of my fate, I am the captain of my soul".

2. Despite the above, Hamlets dilemma of "To be or not to be" faces many a soul in times of distress, agony and suffering, when the question asked is "To die or not to die". If the decision be to die and the same is implemented to its fructification resulting in death, that is the end of the matter. The dead is relieved of the agony, pain and suffering and no evil consequences known to our law follow. But if the person concerned be unfortunate to survive, the attempt to commit suicide may see him behind the bar, as the same is punishable under Section 309 of our Penal Code.

3. The two petitions at hand have assailed the validity of Section 309 by contending that the same is violative of Articles 14 & 21 of the Constitution and the prayer is to declare the section as void. The additional prayer in Writ Petition (Crl) 419 / 87 is to quash the proceedings initiated against the petitioner (Nagb