VidhiSangh

Supreme Court of India · 13/09/2022

CHHERTURAM @ CHAINU versus STATE OF CHHATTISGARH

[2022] 7 S.C.R. 210 · 2022 INSC 951

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Summary

The appellant and his father were drinking together at home when a quarrel broke out, and the appellant beat his father to death with a piece of wood. A neighbour saw the assault. The post-mortem found eleven injuries to the head, neck, chest and abdomen, including a fractured sternum and multiple broken ribs. He was convicted of murder and sentenced to life imprisonment, and the High Court affirmed. Notice in the Supreme Court was confined to whether the offence fell under Section 304 Part I IPC. The Court refused to apply Exception 4 to Section 300. Intoxication is no defence under Section 86 IPC. Though there was no premeditation, repeated blows to vital parts showed that the appellant acted in a cruel and unusual manner. Noting that he had served 12 years, the Court directed the State to consider remission once he completes the mandatory period under its policy.

Issues

  1. Whether a fatal assault on the father during a drunken quarrel falls within Exception 4 to Section 300 IPC (sudden fight) so as to reduce the offence to Section 304 Part I
  2. Whether intoxication affects the knowledge attributable to the accused

Provisions considered

Held

Result

Appeal disposed of. The conviction under Section 302 IPC was maintained, with a direction to the State to consider remission on completion of the mandatory period under its policy; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 210.