Mere intoxication, held, not enough to attract S. 86. Son Murdered Father- a case of patricide albeit both the father and the son were drinking together. The effect of alcohol may have resulted in a quarrel inter se the father and the son. In this altercation, the appellant picked up a Nagar Wood and inflicted few injuries to his father, which resultantly caused death. There was no motivation and intention, which means that the essential ingredients of Section 300 of IPC were absent and the conviction under Section 302 of IPC was erroneous. Moreover, alcohol was also found in the stomach of the deceased. It was contended that the benefit of Section 300 extends to act committed by an offender with the knowledge that the result of such acts will be death approximates a practical certainty/a very high degree of probability. The nature of injuries in the present case indicates that death was a practical certainty. Held, It was certainly an act in a cruel and brutal manner taking advantage of the situation even if there was no pre-meditation. The factual scenario would, thus, fall within the ratio of Manokaran [(2010) 15 SCC 562] case. Sympathy for the son in such a scenario would be misplaced. The victim was the father. The appellant must take the consequences of such merciless attack on his father. There is no cause made out for application of Exception 4 of Section 300.

 

[Chherturam v. State of Chhattisgarh, (2022) 9 SCC 571]

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