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PETITIONER: BASDEV
Vs.
RESPONDENT: THE STATE OF PEPSU
DATE OF JUDGMENT: 17/04/1956
BENCH: AIYAR, N. CHANDRASEKHARA BENCH: AIYAR, N. CHANDRASEKHARA BHAGWATI, NATWARLAL H.
CITATION: 1956 AIR 488 1956 SCR 363
ACT: Indian Penal Code, (XLV of 1860), ss. 302-304-86-Murder or culpable homicide not amounting to murder-Accused under the influence of drink but his mind not so obscured by the drink as to cause incapacity in him to form the requisite intention-Knowledge and intention.
HEADNOTE: So far as knowledge is concerned the court must attribute to the intoxicated man the same knowledge as if he was quite sober but so far as intent or intention is concerned, the court must gather it from the attending general circumstances of the case paying due regard to the degree of intoxication. If the man was beside his mind altogether for the time being, it would not be possible to fix him with the requisite intention. But if he had not gone so deep in drinking and from the facts it could be found that he knew what he was about the court will apply the rule that a man is presumed to intend the natural consequences of his act or acts, That rule of law is well settled: 1.That insanity, whether produced by drunkenness or other...