Penal Code, 1860–Sec. 302–Conviction–Appreciation of–Though the appellant was drunk and was in a state of intoxication but he was in a position to walk properly–He had gone 15 to 20 steps away from the place of quarrel after it was settled to return and fire–After the killing was complete, the public threshed him and beat mercilessly–Thereafter, he was not in the position to speak–Such situation does not indicate that the level of intoxication was so high that he was unable to understand and take a conscious decision–Provisions of Sec. 86 would not be applicable.
