Intoxication – No Ground For Dilution Of Murder Case

INTRODUCTION

The Supreme Court of India in the case Title "Bhagwan Tukaram Dange Vs State of Maharashtra" ruled that "intoxication" of a person cannot be a ground for dilution of murder charge or into unintentional killing. The apex court contended that 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.

The apex court further stated that whereas, 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." Therefore, it cannot be said that since a person was fully drunk and under the influence of liquor, he had no intention to cause death of his deceased-wife. Holding