Bombay HC reduced Life Sentence of Husband who killed wife, says act was result of Sudden Provocation

Sexual Assault Husband Wife Violence Harassment Law Insider

Mitali Palnitkar

Published On: February 10, 2022 at 17:55 IST

The Bombay High Court reduced the Sentence of a man to 12 years of Imprisonment, who was Convicted and Sentenced to Life Imprisonment for killing his wife. The Sentence was commuted on the ground that the act was not a pre-meditated one but a result of sudden and grave provocation.

The Bench comprised of Justices Sadhana Jadhav and Prithviraj Chavan. It noted that the deceased (wife) had shouted on a busy road that her husband (Convict) was impotent, it was natural for a man to feel ashamed upon being called impotent.

The Court also noted that the deceased held the Convict’s neck, pulled his shirt, abused him, and leveled scathing remarks on him.

The Court concluded, “It is true that the incident of Assault is outcome of a grave and sudden provocation. The Accused was deprived of his self-control and hence, he could not have any restraint upon himself while mounting Assault. It was not a pre-meditated act.”

Therefore, the Offence under Section 304(II) (Culpable Homicide likely to cause death) of the Indian Penal Code could only be maintained. The Court emphasized that the Accused was carrying a sickle on his way for work, thus the Offence committed by him falls under Exception 4 to Section 300 IPC.

An Appeal was filed in the Court challenging the Conviction of Appellant by Trial Court under Section 302 (Murder) of IPC. It was Alleged that the Appellant Assaulted the deceased when they entered into a heated altercation at bus stop. The deceased provoked the Appellant due to which he Assaulted the deceased with a sickle.

The Prosecution Witness and Investigating Officer demonstrated discrepancies in Evidences of Witnesses, and it was proven that there was a sudden and grave provocation by the deceased.

The three Witnesses who were members of deceased’s family claimed that there was no provocation. But the Appellant’s Counsel, Advocate Shraddha Sawant requested the Court to consider the circumstances.

The Court noted that the deceased grasped Appellant’s neck, pulled his shirt, and made obscene remarks on him due to which he lost his self-control.

Therefore, the Court allowed the Appeal and commuted the Appellant’s Sentence to 12 years, which is the period of Imprisonment already undergone.

Also read: Murder and Culpable Homicide under Indian Penal Code

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