Supreme Court Declines Plea Of Sudden Provocation In Murder Of Father By Son

The Supreme Court of India, on September 13, held that exception 4 of Section 300 of the Indian Penal Code was not applicable in a case of murder whereby a man, under the influence of alcohol, killed his father.

Quarrel Leads To Murder

Bench of Justices SK Kaul and PS Narasimha heard an appeal by a man, who after having a quarrel with his father, killed him by hitting him with wood. An FIR came to be lodged in the matter and the appellant was arrested. The post mortem report revealed that the death had been caused by some hard and blunt object. It was also mentioned in the report that alcohol was found in the stomach of the deceased. Chargesheet was filed and thereafter the case was committed for a Sessions Trial.

Charges Framed Under Section 302

Charges were framed under Section 302 of the Indian Penal Code 1860 (IPC) for murder and the prosecution examined as many as ten witnesses. The appellant claimed innocence in his statement under Section 313 of the Criminal Procedure Code 1973 (Cr.P.C.).

Trial Court Convicts For Murder

The Additional Sessions Judge convicted the appellant and sentenced him to undergo rigorous imprisonment for life and imposed a fine of 1,000 rupees. It was opined that the case of the prosecution was based on direct evidence, judicial confession, seizure based on appellant’s statement and on circumstantial evidence that the body of the deceased was found in the appellant’s house.

High Court Dismisses Appeal

The High Court dismissed the appeal and hence the appellant preferred the instant appeal by way of special leave petition before the Apex Court.

Contention Of The Appellant

The appellant's central contention was that the case would fall under Section 304-I of the IPC and not Section 302.

Section 304-I prescribes punishment for committing culpable homicide not amounting to murder and Section 302 envisages punishment for murder.

The appellant argued that the death was caused in the heat of the moment and there was no premeditation on the part of them.

Arguments By State Of Chattisgarh 

The state argued that the instant case was one which fell under Exception 4 of Section 300 of the IPC. 

Explanation 4 states: "Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner."

Consumption Of Liquor Not Defence As Per Section 86 IPC

The Court observed that liquor could not be a defence as per Section 86 of the IPC.

Injuries On Vital Parts 

Noting that there were 11 grave injuries on the deceased, the Court observed that, "It is clearly a case of mercilessly beating on all the vital parts of the body and reigning blows, albeit with a wood piece, on head and on different parts of the head again and again. With these kinds of blows, there would be no possibility of the deceased surviving." 

Brutal And Cruel Act

"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, the father. It was certainly an act in a cruel and brutal manner taking advantage of the situation even if there was no pre-meditation," the Court noted.

Exception 4 Of Section 300 Not Applicable 

The Court held that sympathy for the son in such a scenario would be misplaced. It was stated that the appellant must take the consequences of such a merciless attack on his father. There was no cause made out for application of Exception 4 of Section 300 as per the Court.

Decision 

The Court, however, directed that the appellant may be considered for remission as per the policy as he had already undergone 12 years of incarceration.