Intoxication no ground for dilution of murder charge: SC
New Delhi: The Supreme Court Thursday ruled that "intoxication" of a person cannot be a ground for diluting the offence of murder into rpt into unintentional killing.
The apex court said it was "difficult to accept" the contention that the incident of burning his wife to death falls in the category of unintentional killing or culpable homicide not amounting to murder (with intention) since the accused was under the influence of liquor.
"We find it difficult to accept this contention. Assuming that the accused was fully drunk, he was fully conscious of the fact that if kerosene is poured and a match-stick lit and put on the body, a person might die due to burns.
"A fully drunk person is also sometimes aware of the consequences of his action. It cannot, therefore, be said that since the accused was fully drunk and under the influence of liquor, he had no intention to cause death of the deceased- wife," a bench comprising justices K S Radhakrishnan and Vikramajit Sen said.
Holding that "intoxication, as such, is not a defence to a criminal charge," the bench said "at times, it can be considered to be a mitigating circumstance if the accused is not a habitual drinker, otherwise, it has to be considered as an aggravating circumstance."
The bench upheld the conviction and life sentence awarded by the trial court and confirmed by the Bombay High Court to Bhagwan Tukaram Dange for burning to death his wife under the influence of liquor.
"In our view, the accused was correctly chargesheeted under Section 302 IPC and we find no reason to interfere with the conviction and sentence awarded by the trial court and affirmed by the High Court," the bench said.
Dange, along with his father, was chargesheeted under Sections 302, 498A (subjecting a married woman to cruelty for dowry) read with Section 34 (common intention) of Indian Penal Code.
They had returned to their house on the evening of October 18, 1998 fully drunk and demanded Rs 200 to Rs 300 from the victim and on refusal, she was severely beaten up and asked to bring it from her parental house and later on burnt to death.
More from India
More from World
More from Sports
More from Entertaiment
- Dr Subhash Chandra Show: Aspiring for more than what you have!
- Rajasthan: Gujjars revive reservation agitation, block rail track
- J Jayalalithaa sworn-in as Chief Minister of Tamil Nadu
- ISIS to buy first nuclear weapon from Pak?
- Mumbai: CCTV captures assailant with gun at Film City
- Mathura SSP receives death threat letter, message for PM Modi
- BJP now central pole of Indian politics: Arun Jaitley
- Maharashtra FDA sends Maggi noodles for lab testing
- Watch: Fast N Facts @ 7:30pm
- Reservation issue: Police register case against Bainsla, 20 others
- Haridwar: Hotel Radisson Blu sealed for polluting Ganga
- Zee Media exclusive chat with 'Welcome to Karachi' cast
- Zee Media exclusive interview with Haryana CM Manohar Lal Khattar
- Girl in Punjab's Pathankot quit studies for fear of eve-teasing
- Special: Furious over rising water crisis, people take to the streets
- Goa Board SSC Exam Results 2015 announced
- ISIS close to buying nuclear weapon from Pakistan?
- Credibility of Prime Minister's Office restored by BJP, says Arun Jaitley
- ISIS justifies raping slave girls, says Michelle Obama is 'worth $40'
- IPL 2015 Final: Mumbai Indians vs Chennai Super Kings - Preview
- Arvind Kejriwal to highlight AAP govt's 100 days work on Monday
- CBSE Results 2015: 10th board exam results to be declared on May 27
- BJP's plan for one-year celebration: 200 big rallies, 5,000 public meetings
- Heatwave leaves 153 dead in Telangana, Andhra Pradesh
- IPL 8 Final: We need to be at our best against Mumbai, says Michael Hussey
- IPL 2015 Final: MI vs CSK - As it happened...
- Heatwave kills 223 in AP, Telangana, Chandrababu Naidu announces compensation; Delhi records hottest day
- Heatwave continues in North India; death toll in Andhra Pradesh, Telangana more than 400
- 'Tanu Weds Manu Returns' starts on a good note at the Box Office!
- CBSE Results 2015: 12th board exam results to be declared on May 25