"Patricide" : Supreme Court Upholds Conviction Of Man Accused Of Killing Father Under Influence Of Liquor

The Supreme Court upheld conviction of a man accused of killing his own father following a fight under the influence of liquor.

Chherturam @ Chainu and his father Goienda were drinking together and later a sudden fight followed. Chherturam allegedly picked up a Nagar Wood and inflicted injuries to his father, which resultantly caused his death. The Trial Court convicted him for murder under Sections 302 of the IPC and sentenced to undergo RI for life. The appeal filed by him was dismissed by the Chhattisgarh High Court.

Before the Apex Court, it was contended that there was no motivation and intention for the accused to kill his father. On the other hand, the State contended that the nature of injuries is an important factor in determining whether the death was caused due to a sudden fight and that the nature of injuries in the present case indicates that death was a practical certainty.

The bench found that it is 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.

"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 observed.

While dismissing the appeal, the bench observed: 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.

Case details

Chherturam @ Chainu vs State of Chhattisgarh | 2022 LiveLaw (SC) 761 | CrA 1317 OF 2022 | 13 September 2022 | Justices Sanjay Kishan Kaul and PS Narasimha

Headnotes

Indian Penal Code , 1860 ; Section 300, 302 -  Conviction of a man accused of killing his own father following a fight under the influence of liquor upheld - 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 - There is no cause made out for application of Exception 4 of Section 300.

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