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.
Manokaran v. State of Tamil Nadu (2010) 15 SCC 652 – relied on.
Surain Singh v. State of Punjab (2017) 5 SCC 796 : [2017] 2 SCR 824; A.P. v. Rayavarapu Punnayya
(1976) 4 SCC 382 : [1977] 1 SCR 601 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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