Back
High Court Of Madhya Pradesh
T. P. Naik and K. L. Pandey, JJ.
JETHURAM SUKHRA NAGBANSHI - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
Criminal Appeal 573 Of 1958
Decided On : 10/15/1959
CRIMINAL LAW - SECTION 85 OF THE INDIAN PENAL CODE - VOLUNTARY DRUNKENNESS AS A DEFENSE - INTERPRETATION AND APPLICATION - DISTINCTION BETWEEN 'WITHOUT HIS KNOWLEDGE' AND 'AGAINST HIS WILL' - REQUIREMENTS FOR THE DEFENSE - APPLICATION TO THE FACTS OF THE CASE.
Fact of the Case:
The appellant was convicted of murder under Section 302 of the Indian Penal Code for killing Mst. Bundkunwar. The appellant claimed that he was intoxicated at the time of the offense and therefore could not be held liable under Section 85 of the Indian Penal Code.
Finding of the Court:
The court found that the appellant was responsible for inflicting the injuries that caused the deceased's death. The court also found that the appellant's intoxication was not involuntary and therefore he could not rely on the defense under Section 85 of the Indian Penal Code.
Issues: 1. Whether the appellant was intoxicated at the time of the offense. 2. Whether the appellant's intoxication was voluntary or involuntary. 3. Whether the appellant could rely on the defense under Section 85 of the Indian Penal Code.
Ratio Decidendi: 1. The court interpreted Section 85 of the Indian Penal Code and held that the defense of involuntary intoxication is available only if the intoxicant was administered to the accused 'without his knowledge' or 'against his will'. 2. The court held that the appellant's intoxication was not involuntary because he had voluntarily consumed alcohol at the persuasion of his father. 3. The court held that the appellant could not rely on the defense under Section 85 of the Indian Penal Code because his intoxication was voluntary.
Final Decision: The court upheld the appellant's conviction and sentence.
( 1 ) THE appellant (accused) Jcthuram has been convicted by the Second Additional Sessions Judge, Bilaspur, under Section 302 of the Indian Penal Code for committing the murder of Mst. Bundkunwar on 11th May, 1958, and sentenced to imprisonment for life.
( 2 ) IT is not disputed that Mst. Bundkunwar is dead and that she died of homicidal violence. Dr. Dube (P. W. 7), who performed the post-mortem examination, found the following injuries on the person of the deceased:
" (1) An incised wound 2" x 1/2", spindle shape, on the left side of the chest, 3 1/2" above the nipple at the 10 o'clock angle. 2nd and 3rd ribs cut. Pleura and lung also cut. Blood clot present. Straight in direction. (2) An incised wound 2" x 1/4" x 1/4", transverse in direction, on the upper 1/3rd of the right side of the back. (3) An incised wound 1" x 1/2" x 1/4" just above injury No. (2), transverse in direction. (4) An incised wound 3 1/2" x 1/4" on the front part of the head on the left side, just above the middle part of the eyebrow. Vertical in direction. Slightly bone cut. (5) An incised wound 2" x 1/4" x bone deep on the left side of the head, 2 1/2" above the ear. Left ear 1" cut. Oblique in direction. (6) An incised wound 4" x 1/4" x bone deep on the occipital region, on the left side. Bone cut. Membranes also slightly cut. (7) A lacerated wound, 1'' x 1/2" on the left side of the head, behind the left ear on the occipital region. Transverse in direction. (8) A lacerated wound 1" x 1/2" on the occipital region, on the left side. Just above injury No. (7 ). "
On dissection, the scalp, skull and membranes were found to be cut and the brain was found to be congested. In the opinion of the doctor, all the injuries were ante mortem and death was due to shock as a result of the injuries inflicted on the chest and head,
( 3 ) THE assault was witnessed by Sidhia (P. W. 2), Bidhia (P. W. 3) and Goverdhan (P. W. 4 ). Their evidence, which has been accepted by the learned Additional Sessions Judge and which we find no reason to discard, establishes that it was the appellant who was responsible for inflicting the injuries found on the person of the deceased.
( 4 ) THE learned counsel for the appellant vehemently pressed to us the contention that the facts of the case warranted the application of Section85 of the Indian Penal Code; and as the appellant had been administered a heavy doze of liquor against his will, he could not be held liable for the offence of which he has been convicted.
( 5 ) SECTION 85 of the Indian Penal Code reads as follows :
"nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law : Provided that the thing which intoxicated him was administered to him without his knowledge or against his will. "( 6 ) THE section lays down the principle of English law formulated by Baron Parke in Pearson's case, (1835) 168 ER 1108, in the words : "voluntary drunkenness is no excuse for crime. If a party be made drunk by stratagem, or the fraud of another, he is not responsible. " The case law as it developed did not define what voluntary drunkenness meant except in a negative way. According to I Hales Pleas of the Crnwp. page 32, the protection can only be claimed by a person who had been made drunk through stratagem Or the fraud of another or through ignorance, or coercion practised by his friend or foe, as if a person be drugged by his enemies or given to eat or drink such a thing as causes frenzy or his unskilful physician gives him to drink, in all of which cases the person intoxicated may be said not to have been a free agent and therefore not responsible for the consequences of his act. In the first English report on drunken homicide which affirmed volition as its rationale it was said :
"but where a man breaks the words of the law by involuntary ignorance, there he shall not be excus
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
