Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.82 – Exception 4 of s.300 Penal Code 1860 – Murder – Exception 4 of s.300 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 – Murder – Exception 4 of s.300, s.82 – Exception 4 of s.300, when not applicable – Father and appellantson were drinking alocohol together, got into a fight – Appellant convicted for murder of his father – On appeal, held : Parties were closely related, being father and son – There was no prior dispute and liquor got the better of the appellant, however that is no defence in view of s.86 – There were eleven injuries – It is not only the number of injuries but where and in what manner they were inflicted, even if it is by a piece of ‘Nagar Wood’ and not by a dangerous weapon – It is clearly a case of mercilessly beating on all the vital parts of the body and reigning blows, on head and on different parts of the head again and again – It was certainly an act in a cruel and brutal manner taking advantage of the situation even if there was no pre-meditation – Maybe it was under the influence of liquor, but the nature of blows was such that the endeavour was to end the life of the deceased – No cause made out for application of Exception 4 of s.300 – Factual scenario falls within the ratio of Manokaran v. State of Tamil Nadu. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2022 INSC 951 |
Petitioner | Chherturam @ Chainu |
Respondent | State Of Chhattisgarh |
SCR | [2022] 7 S.C.R. 210 |
Judgement Date | 2022-09-13 |
Case Number | 1317 |
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