BASDEV vs THE STATE OF PEPSU

The Supreme Court held that under Sections 302 and 304 of the Indian Penal Code, an intoxicated individual can still be held liable for murder if he retains the capacity to form the requisite intention. The court established that while knowledge is attributed to an intoxicated person as if sober, intent must be assessed based on the circumstances, including the degree of intoxication. In this case, the accused was found not to be so intoxicated as to lack the intent necessary for murder, thus affirming the conviction for murder rather than reducing it to culpable homicide not amounting to murder.