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3. On 31-7-1991 at about 9.30 p.m. the accused took meals, went outside and returned home with a Brandy bottle and after consuming it, he started scolding the deceased by stating that he sustained loss as he married the daughter of his maternal uncle. Further, the accused asked the deceased to sign on blank paper saying that he would write whatever he liked on the papers for which she did not oblige. Then the accused grew wild and began beating her with hands and when the deceased tried to go out of the house, the sccused caught hold of tuft of hair of the deceased and brought into the room. Thereafter the accused closed the doors and attempted to set her on fire by lighting a match stick and then the deceased put off the flames and tried to run away. Then the accused in the drunken state caught hold of the tuft and poured kerosene on her and set fire to her. Due to the burns, the deceased raised cries and the accused also raised loud voice and tried to catch hold of the deceased and in that process, the accused also sustained burn injuries. Then PW 1 heard cries and went to the house of the deceased and thereafter admitted the deceased in the Government Hospital with the help of PWs. 3 and 4. Thereafter PW 12-SI of Police went to the hospital on intimation received and recorded the statement of the deceased which is Ex. P 17. Thereafter the police registered the case as crime No. 250/92 under Section 498-A IPC. Dr. Sudhakar who was on duty at that time has also recorded the statement of the deceased which is Ex. P 15 which was signed by PW 9 as a witness. Again the Sub-Inspector of Police PW 12 recorded another statement from the deceased under Ex. P 19. On 1-8-1992 the deceased died and after receiving the death intimation, the SI of Police altered the FIR as Ex. P 21. The CI of Police PW 13 held inquest over the dead body of the deceased. PW 10-Civil Assistant Surgeon, Government Hospital, Rajahmundry conducted autopsy over the dead body of the deceased on 1-8-1992 at 2 p.m. and issued Ex. P 16 postmortem certificate who noticed 95% superficial burns. PW 13-CI of Police, Rajahmundry admitted the accused in the hospital for burn injuries and on 15-10-1992, the accused was discharged from the hospital. Thereafter PW 13 arrested the accused and thereafter the accused was sent to judicial custody and after that, he filed the charge-sheet.

10. The second dying declaration Ex. P-17 was recorded by Sub-Inspector of Police PW-12 wherein the deceased stated that the dispute arose between herself and the accused due to drinking of alcohol by the accused and they are no other disputes in between them. She stated that the accused used to come to the house after consuming alcohol in the late hours and though she requested him to come early to the house, he used to come late on account of which the disputes between them arose. She stated that for the last four days he was not talking with her. On 31-7-1992 at 9.30 p.m. the accused came to the house, took dinner and went out and he brought a brandy bottle and after consuming it, he scolded her and stated that he sustained loss as he married the daughter of his maternal uncle and asked her to sign on the white paper stating that he would write as he likes. She further stated that as she refused to do so, he grew wild and he beat her with hands as he liked. When she tried to go out, the accused caught hold of tuft of hair and dragged her into the house and after closing the doors, he lit fire to her blouse and upon that she put off the flames and tried to run away. Then the accused in the drunken state caught hold of tuft of her hair and poured kerosene on her clothes and lit fire, as a result of which big flames emerged and her body was burnt. She stated that then, her husband also raised cries along with her and tried to catch hold of her and in that process, the accused also sustained burn injuries and her body was completely burnt.

22. The learned Public Prosecutor contended that the version given by the deceased in both the dying declarations was that the accused after taking dinner, went out, brought a brandy bottle, drank it and asked the deceased to sign on white paper stating that he sustained loss by marrying his maternal uncle's daughter. When she refused to sign on the papers and tried to go away, the accused lit fire to her blouse. When she put off the flames and tried to go away from the room, the accused again caught hold of her tuft of hair and dragged her into the room, closed the door, poured the kerosene and lit the fire. When the flames aroused, he caught hold of the deceased. The above facts clearly show that the accused has got not only knowledge, but also an intention that the act which he is doing will caused burn injuries, which would ultimately result in the death of his wife. Thus, the intention on the part of the accused can be inferred from the circumstances of this case. Therefore, there are no merits in the appeal and the appeal is liable to be dismissed.

29. Therefore in view of the principle laid down by the Supreme Court, where an offence is committed by a person under deep influence of intoxication, it can be presumed that he has knowledge of the act which he is committing, but it cannot be presumed that he has got intention and the same has to be inferred from the facts and circumstances of the case.

30 In the present case, in Ex. P-17 dying declaration recorded by the Sub-Inspector, the deceased has stated that the accused was habituated to drinking. On the date of incident, after taking dinner, he went out and brought a brandy bottle and consumed it. Thereafter, the accused after consuming the liquor, scolded the deceased by saying that he sustained loss as he married the daughter of his maternal uncle and asked her to sign on white paper stating that he will write whatever he likes. When she refused to do so, the accused caught hold of her and beat her. When she tried to go out, the accused caught hold of her tuft of hair and dragged her into room, closed the door and lit fire to her blouse. Upon that, she put off the flames and tried to run away. Again the accused in a drunken state of mind caught hold of her, poured kerosene and lit fire and big flames emerged and the body of the deceased was burnt. Then the accused also raised cries and tried to catch and in that process, he also received burn injuries.