[Solved] Give correct response. A was charged with the murder of his wife, takes the defence of insanity and in the alternative of being drunk at the time of commission of the crime and being thus incapable of forming the intent required in murder. It is also pleaded in defence that the accused was a psychopath. The evidence further discloses that the accused had indicated an intention to kill his wife before taking alcohol. Here :

Q.	Give correct response. A was charged with the murder of his wife, takes the defence of insanity and in the alternative of being drunk at the time of commission of the crime and being thus incapable of forming the intent required in murder. It is also pleaded in defence that the accused was a psychopath. The evidence further discloses that the accused had indicated an intention to kill his wife before taking alcohol. Here :
A.	A is liable for murder, because the rule is that if the accused had been too drunk to form an intention to kill or do grievous bodily harm, he would, nevertheless have been guilty of manslaughter, either because he intended to commit a battery upon his wife or else because he would have been guilty of gross negligence.
B.	A is liable for murder because he had indicated his intention to kill his wife before taking alcohol.
C.	Since a was so deeply intoxicated that he was incapable of forming the criminal intent required in murder, therefore, A was not liable.
D.	A is not liable for murder because the rule is that when due to alcoholic excess actual insanity supervenes, although temporarily, at the time of commission of the act, the prisoner is not to be held guilty for the act.
Answer» A. A is liable for murder, because the rule is that if the accused had been too drunk to form an intention to kill or do grievous bodily harm, he would, nevertheless have been guilty of manslaughter, either because he intended to commit a battery upon his wife or else because he would have been guilty of gross negligence.

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Indian Penal Code (IPC 1860)

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