DEFENSE IN CASE OF INTOXICATION
DATE – 2042 BS
COURT – SUPREME COURT OF NEPAL
CATEGORY – CRIMINAL LAW
The Supreme Court of Nepal has also recognized intoxication as a ground of mitigation of punishment in case of homicide. In Dal Bahadur Gurung V. HMG,
The accused father killed his deceased daughter while intoxicated consuming excessive portion of wine by stabbing with Khukuri repeatedly and resulting in consequent death of his daughter.
In this case, the Supreme Court held that in the case, where there is no any intention to kill and without having any murderous enmity, the accused had killed the victim while he was intoxicated due to consuming excessive dosage of wine, maximum punishment as per No. 13(3) of the Chapter on “Homicide” would be grave for the accused so the punishment is reduced to 10 years imprisonment as per No. 188 of the Chapter on “Court Management.” (Dal Bahadur Gurung V HMG, NKP 2042, p. 863, DN 2496)