SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(MP) 72

K.L.SHRIVASTAVA
MAHESH – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
A.H.KHAN, Khanwilkar

K. L. SHRIVASTAVA, J.

( 1 ) THIS revision petition is directed against the order dated 25-11-86 passed by the Addl. Sessions Judge Mandleshwar whereby he has framed charges for the offences of attempted murder against the applications in addition to the charges for other offences not exclusively triable by the Court of Session.

( 2 ) CIRCUMSTANCES giving rise to the petition are these. On the report lodged by one Gulab-bai resident of Kasarawad alleging that on 30-3-86 the accused persons entered her house and then except the applicant No. 4, the other three applicants Nos. 1, 2 and 3 were armed respectively with cricket bat, hockey stick and lathi had caused three simple injuries to her and one simple injury to her son. This was done because in the last municipal elections she and her family members had voted in favour of the Gangaram Khede.

( 3 ) THE contention of the learned counsel for the petitioner is that the offence of attempted murder made punishable under Section 307 IPC contemplates the existence of special mens rea, (guilty intention or guilty knowledge) specified in Section 300 IPC which defines murder and on the facts and in the circumstances of the present case, there








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top