The Supreme court recently give decision on Murder case. After considering all the facts, carefully Supreme Court delivered their decision in favor of the appellant.
It was observed that, the appeal was filed against the decision of Allahabad high court under section 302 of Indian penal code.
Mohammed ali gave information about the incident that, In 2007, he went to shop with his son, Saddam Hussein, at that time the appellant Nanhe & mahendra was fighting . During this the appellant fired a shot that shot on the neck of his son and he(son) died & Mahendra got some injuries.
The appellant was held liable for murder under sections of Indian Penal Code. The trail court held him liable and charged him for murder and sentenced him for life imprisonment. High court also sentenced him for same.
Then appellant approached the supreme court , the appellant took a defense of intoxication. Court referred the section 86 of IPC which deals with intoxication, by this section court observed two essential factors for applying section 86;
- The accused must be intoxicated by another person against his will and wish.
- The intoxicated person must be unable to understand the nature and consequences of the act, which is done by him.
Witness asserted that the accused was intoxicated at the time of incident, court also referred the previous judgment given in case of king v meade. However the court didn’t found any evidence which show that the accused was intoxicated at the extent that he unable to understand the action and Consequences. Therefore court didn’t apply the defense of intoxication. Hence Supreme court also held liable to accused under section 302 (murder) of Indian Penal Code.
Name – Anjali Subhash Paul, College name – Dr. D.Y. Patil Law College., (Semester- llb -ll Student) An intern under Legal Vidhiya
Reference:- https://www.livelaw.in/supreme-court/supreme-court-upholds-murder-conviction-despite-intoxication-defense-242808
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