CHHERTURAM @ CHAINU versus STATE OF CHHATTISGARH

Citation: [2022] 7 S.C.R. 210 · Decided: 13-09-2022 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 7 S.C.R.
CHHERTURAM @ CHAINU
v.
STATE OF CHHATTISGARH
(Criminal Appeal No. 1317 of 2022)
SEPTEMBER 13, 2022
[SANJAY KISHAN KAUL AND PAMIDIGHANTAM
SRI NARASIMHA, JJ.]
Penal Code, 1860 – Murder – Exception 4 of s.300, s.82 –
Exception 4 of s.300, when not applicable – Father and appellant-
son 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.
Case Law Reference
[2017] 2 SCR 824
referred to
Para 13
(2010) 15 SCC 652
relied on
Para 15
[1977] 1 SCR 601
referred to
Para 19
[2022] 7 S.C.R. 210
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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1317 of 2022.
From the Judgment and Orders dated 08.04.2015 of the High
Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 1067 of 2012.
Ashok Arora, Srilok Nath Rath, Jai Wadhwa, Dr. Sushil Balwada,
Advs. for the Appellant.
Gautam Narayan, Ms. Asmita Singh, Ms. Pragya Barsaiyan, Advs.
for the Respondent.
The Judgment of the Court was delivered by
SANJAY KISHAN KAUL, J.
1. We are faced with a case of patricide albeit both the father
and the son were drinking together.
2. In the intervening night of 26th and 27th July, 2010, between
10.00 pm and 12.30 am, the effect of alcohol may have resulted in a
quarrel inter se the father and the son. The informer, Chamruram
(PW-8), who is a neighbour, on reaching their house found the appellant
assaulting his father, Goienda, the deceased, with Nagar Wood. The
deceased fell to the ground and died.  In the presence of the appellant’s
brother, PW-4, the appellant admitted that he killed his father. The FIR
was lodged by PW-8 in the Police Station Darima next morning and the
appellant was arrested on 28.07.2010. On his disclosure statement
regarding a lungi as well as Nagar Wood, the same were found at the
courtyard of his house and then sent to Forensic Science Laboratory,
Raipur, for chemical examination.
3. It is necessary to set out the result of the autopsy, which opined
that the injuries on the dead body were caused by some hard and blunt
object between half to two hours of death. These injuries were stated to
be fatal to life and sufficient to cause death to the deceased. There
were eleven injuries found, as under:
“1. On the right side of the head of the deceased a torn wound
was present from front to back in the parietal region to a depth of
2.5x1/4xinch to the depth of the bone;
2. On the front of the head 2x1 / 4 inch size dark blue torn wound
was there, on which swelling was present all around;
CHHERTURAM @ CHAINU v. STATE OF CHHATTISGARH
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3. On the back left side of the head 4 inches rounded one contusion
was present, inside which blood clot was present;
4. 3x2 inch size one contusion was present near left ear;
5. On the front and left side of the neck 6x4 inch part swelling and
blue colored contusions were present;
6. On the left cheek in the 4x4 inch part, there were contusions
with swelling;
7. The sternum bone on the chest was broken and there was a
blood clot beneath it and there was a blue colour contusion, present
on the chest;
8. On the right chest, in 4x4 inch area, contusion was present due
to which the second, third, fourth rib were broken and blood had
accumulated beneath the broken rib;
9. On the left chest there was 

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