MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(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 is no foundation for ascribing to the petitioners that requisite mens rea. It is urged that in the absence of special mens rea a culprit may be guilty under Section 323 IPC though his act results in the death of the victim.