The appellant had attended a wedding there he consumed an excessive amount of
alcohol. In the state of intoxication he went and ask one boy to get up from the
chair so that he could sit on it. Listening to him, the boy refused to do so. On
such refusal The appeal and pulled a gun from his pocket and shot the boy's
Because of which the boy died on the spot.
The court observed that under section 86 of Indian penal code 1860, a person who
does the act in state of intoxication shall be liable to dealt with as if he had
the same knowledge as he would have had if he had not been intoxicated and less
the things which intoxicated him was administered to him without his knowledge
or against his will.
It was hard to find whether the person was in the state of excessive
intoxication at that time or not. However, it was found that a period was not
very drunk that he could not understand what he was doing and hence the
appellant was held guilty for murder under section 302 of Indian penal code,