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2015 (4) TMI 1336 - SUPREME COURTMurder or culpable homicide - appellant pleaded that the fire was accidental - case of appellant is that Appellant went out to answer nature's call and when he returned, he saw his wife coming out of the house ablaze and the Appellant immediately rushed and tried to extinguish the fire due to which his hands also got burnt - whether the act of the accused pouring water would mitigate the offence of murder? - HELD THAT:- Where the intention to kill is present, the act amounts to murder, where such an intention is absent, the act amounts to culpable homicide not amounting to murder. To determine whether the offender had the intention or not, each case must be decided on its facts and circumstances. From the facts and circumstances of the instant case, it is evident that: (i) there was a homicide, namely the death of Saraswatibai; (ii) the deceased was set ablaze by the Appellant and this act was not accidental or unintentional; (iii) the post mortem certificate revealed that deceased died due to shock and septicaemia caused by 60% burn injuries. When the accused poured kerosene on the deceased from the kerosene lamp and also threw the lighted matchstick on the deceased to set her on fire, he must have intended to cause the death of the deceased - When there is clear evidence as to the act of the accused to set the deceased on fire, absence of pre-meditation will not reduce the offence of murder to culpable homicide not amounting to murder. Likewise, pouring of water will not mitigate the gravity of the offence. Upon analysis of the evidence adduced by the prosecution, courts below recorded concurrent findings that the accused caused the death of deceased Saraswatibai and convicted the Appellant. It is well settled that concurrent findings of fact cannot be interfered with unless the findings are perverse and unsupportable from the evidence on record - the appeal fails and is dismissed.
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