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Supreme Court of India 2019-12-13 dismissed

SURAJ JAGANNATH JADHAV vs THE STATE OF MAHARASHTRA

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

A man accused of murdering his pregnant wife by pouring kerosene on her and setting her ablaze appealed against conviction under IPC Section 302 (murder), claiming it should be reduced to culpable homicide under Section 304 on grounds of intoxication. The Supreme Court dismissed the appeal, holding that the act of deliberately pouring kerosene and throwing a lighted matchstick falls under Section 300 fourthly IPC (imminently dangerous act) and constitutes murder. Intoxication is no defense where the accused acted in full consciousness and awareness of consequences. The subsequent act of pouring water to extinguish the fire, done only when the victim screamed for help, cannot mitigate the offense.

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Criminal Law Murder Culpable Homicide Intoxication IPC Section 300 IPC Section 302

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