But so far as intent or intention is concerned, we must gather it from the attending general circumstances of the case paying due regard to the degree of intoxication. So far as knowledge is concerned, we must attribute to the intoxicated man the same knowledge as if he was quite sober. Are we at liberty to place intent on the same footing, and if so, why has the section omitted intent in its latter part? If in voluntary drunkenness knowledge is to be presumed in the same manner as if there was no drunkenness, what about those cases where mens rea is required. It is no doubt true that while the first part of the section speaks of intent or knowledge, the latter part deals only with knowledge and a certain element of doubt in interpretation may possibly be felt by reason of this omission. Special leave was granted by this Court limited to the question whether the offence committed by the petitioner fell under Section 302 or Section 304 having regard to the provisions of Section 86. This circumstance and the total absence of any motive or premeditation to kill were taken by the Sessions Judge into account and the appellant was awarded the lesser penalty of transportation for life.Īn appeal to the PEPSU High Court at Patiala proved unsuccessful. The learned Sessions Judge says “he was excessively drunk” and that “according to the evidence of one witness Wazir Singh Lambardar he was almost in an unconscious condition”. The appellant Jamadar boozed quite a lot and he became very drunk and intoxicated. The party that had assembled for the marriage at the bride’s house seems to have made itself very merry and much drinking was indulged in. The appellant whipped out a pistol and shot the boy in the abdomen. The appellant asked Maghar Singh, the young boy to step aside a little so that he may occupy a convenient seat. Some had settled down in their seats and some had not.
All of them went to the house of the bride to take the midday meal on 12th March, 1954. Both of them and others of the same village went to attend a wedding in another village. He is charged with the murder of a young boy named Maghar Singh, aged about 15 or 16. Appellant Basdev of the village of Harigarh is a retired military Jamadar.
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