CHHERTURAM @ CHAINU versus STATE OF CHHATTISGARH

CHHERTURAM @ CHAINU versus STATE OF CHHATTISGARH

The court held that Exception 4 to Section 300 IPC did not apply because the appellant inflicted multiple, severe injuries to vital parts of the body in a cruel and brutal manner such that the endeavour was to end the deceased's life; intoxication under Section 86 IPC does not afford a defence, and therefore...

Source-derived case information.

Parties
Appellant: CHHERTURAM @ CHAINU; Respondent: State of Chhattisgarh
Jurisdiction
India
Judgment Date
13 September 2022
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against Dismissal of Appeal by the High Court of Chhattisgarh
Outcome
Appeal dismissed; conviction under Section 302 IPC and sentence of life imprisonment upheld.
Legal Topics
Murder, Exception 4 of Section 300 IPC, Section 86 IPC (intoxication), Section 302 IPC, Remission/ Sentence Already Undergone
Criminal Law Penal Code (ipc) Homicide Murder Exception 4 of Section 300 IPC Section 86 IPC (intoxication) Section 302 IPC Remission/ Sentence Already Undergone

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Parties

CHHERTURAM @ CHAINU

Appellant

State of Chhattisgarh

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against Dismissal of Appeal by the High Court of Chhattisgarh

Legal Issues

  1. 1 Whether the killing falls under Exception 4 to Section 300 IPC (sudden fight) or constitutes murder under Section 302 IPC
  2. 2 Whether intoxication affords any defence under Section 86 IPC
  3. 3 Whether the nature and number of injuries exclude application of Exception 4

Ratio Decidendi

The court held that Exception 4 to Section 300 IPC did not apply because the appellant inflicted multiple, severe injuries to vital parts of the body in a cruel and brutal manner such that the endeavour was to end the deceased's life; intoxication under Section 86 IPC does not afford a defence, and therefore conviction under Section 302 IPC and life sentence were sustained.

Court Disposition

Appeal dismissed; conviction under Section 302 IPC and sentence of life imprisonment upheld.

Orders

  • Appeal dismissed and parties to bear their own costs
  • State directed to consider the appellant's case for remission upon completion of the mandatory sentence as per the remission policy