BASDEV versus THE STATE OF PEPSU

BASDEV versus THE STATE OF PEPSU

If the accused was not so intoxicated as to render him incapable of forming the requisite intention, the law presumes he intended the natural consequences of his act; thus, the offence is murder under section 302 and not reduced to culpable homicide under section 304.

Parties
Appellant: Basdev; Respondent: The State of Pepsu
Jurisdiction
India
Judgment Date
17 April 1956
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of Pepsu High Court at Patiala
Outcome
Appeal dismissed; conviction and sentence for murder affirmed.
Legal Topics
Intoxication, Murder, Culpable Homicide, Intent, Knowledge
Criminal Law Intoxication Murder Culpable Homicide Intent Knowledge

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Parties

Basdev

Appellant

The State of Pepsu

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Pepsu High Court at Patiala

Legal Issues

  1. 1 Whether the offence committed falls under section 302 or section 304 of the Indian Penal Code having regard to section 86

Ratio Decidendi

If the accused was not so intoxicated as to render him incapable of forming the requisite intention, the law presumes he intended the natural consequences of his act; thus, the offence is murder under section 302 and not reduced to culpable homicide under section 304.

Court Disposition

Appeal dismissed; conviction and sentence for murder affirmed.

Orders

  • Appeal dismissed.
  • Conviction and sentence for murder under section 302, IPC affirmed.