678 Balamurali Muthusamy v. PP [2010] 3 MLRA were trying to rescue him. Even though the cross-examination by the appellant's counsel was silent as regards the issue of drunkenness at the prosecution's stage, the defence of accidental death was not pursued and instead opted for the defence of being intoxicated. Putting it in a nutshell the defence was in a confused state. Having considered the facts in totality, we found no reason to disagree with the factual finding and legal reasoning of the learned judge that led to the calling of the defence. [9] At the defence stage the appellant, as stated above, evinced that he was intoxicated with drink and had no intention of injuring the deceased persons let alone kill them. He also admitted that he wanted to commit suicide in front of his wife by drenching himself with the petrol bought by a friend of his. He denied drenching Komathi with the petrol. When he was about to strike the lighter Komathi embraced him in order to prevent him from carrying out his suicidal act. Unfortunately not only was his wife engulfed by fire but also his sister-in law. [10] From our point of view this specific defence of being intoxicated was an afterthought as not once did the appellant suggest this defence at the prosecution's stage. For purposes of this defence ss. 85 and 86 of the Penal Code are relevant. They read as follows: Intoxication when a defence 85 (i) Save as provided in this section and in section 86 , intoxication shall not constitute a defence to any criminal charge. (ii) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged at the time of the act or omission complained of did not know that such act or omission was wrong or did not know what he was doing and (a) the state of intoxication was caused without his consent by the malicious or negligent act of another person; or (b) the person charged was by reason of intoxication insane, temporarily or otherwise, at the time of such act or omission (emphasis added). 86 (i) Where the defence under subsection 85(2) is established, then in a case falling under paragraph (a) thereof the accused person shall be acquitted, and in a case falling under paragraph (b), the provisions of section 84 of this Code , sections 347 and 348 of the Criminal Procedure Code [Act 593] shall apply. (ii) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention, specific or otherwise, in the absence of which he would not be guilty of the offence. (iii) For the purpose of this and the preceding section "intoxication" shall be deemed to include a state produced by narcotics or drugs.