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Chherturam @ Chainu vs. The State of Chhattisgarh

Criminal Appeal · 2022 INSC 951Decided 13 Sept 2022
Criminal Appeal No. 1317 of 2022
Sanjay Kishan Kaul · Pamidighantam Sri Narasimha

Background

The appellant was convicted of murdering his father after the two had been drinking together and got into a quarrel one night in 2010; a neighbour found him assaulting his father with a piece of wood, and the father died from the injuries. The trial court convicted him under Section 302 IPC (murder) and sentenced him to life imprisonment, and the High Court upheld the conviction. The Supreme Court granted limited leave only on the question of whether the offence should instead be treated as culpable homicide not amounting to murder under Exception 4 to Section 300 IPC (a sudden fight without premeditation or cruelty), given that alcohol was involved and there was no prior enmity.

Decision Breakdown

The Court held that while there was no premeditation and the fight arose suddenly under the influence of alcohol, Exception 4 also requires that the accused not have acted in a cruel or unusual manner taking advantage of the situation. Examining the autopsy findings (eleven injuries across the head, neck, chest and abdomen, including a broken sternum and multiple broken ribs) the Court found the attack was so severe and comprehensive as to reflect cruelty and brutality, taking the case outside Exception 4 despite the absence of premeditation. Intoxication was not a defence under Section 86 IPC. The murder conviction under Section 302 IPC was therefore upheld, though the Court directed the State to consider the appellant, who had already served 12 years, for remission once he completes his mandatory sentence period under applicable policy.

Lesson Learnt

A sudden, unpremeditated fight, even fuelled by alcohol between family members, will not reduce a murder charge to culpable homicide if the manner and extent of the attack (numerous injuries to vital body parts) shows cruelty or brutality; voluntary intoxication is not a legal excuse for a crime requiring specific intent or knowledge.

Official source (sci.gov.in)View Judgment (PDF)

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