SATYA NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The III Additional Sessions Judge to the Court of Sessions Judge Durg in Sessions Trial No. 79188 has framed charges against the applicants for alleged, offences punishable under Sections 147, 307/34 Indian Penal Code, against which this revision is filed.

(2.) Learned counsel Shri S.C. Dun for the applicant contended that in the alleged incident the victim Deolal sustained the following injuries

(3.) It is not disputed that in order to constitute the offence punishable under Section 307 I.P.C. two elements are necessary to be satisfied, i.e. mens rea (guilty intention) and actus reus (act of the person complained against). Considering the portion of the body injured and the nature of injuries, the intention of the applicant in this case could easily be gathered. As such in order to bring the, offence within the purview of Section 307 I.P.C. the prosecution must establish that the intention or knowledge was of the description mentioned under section 300 I.P.C. Where evidence is not sufficient to establish with certainty the existence of the requisite intention or knowledge, the accused could only be convicted in lesser offence but not under Section 307 I.P.C.