LI Network
Published on: 3 August 2023 at 10:39 IST
The Supreme Court has modified the murder conviction of an appellant and granted her bail. The appellant, who was imprisoned under Section 302 of the Indian Penal Code (IPC) for nine years, had her conviction altered to Section 304 Part I.
The Court found that the appellant was provoked by her husband’s repeated refusal to give Rs. 500 to their daughter, and the weapon used in the crime was a stick, which could not be considered a deadly weapon.
Considering these factors, the Court held that the appellant deserved the benefit of the doubt, and her conviction could be altered to Part I of Section 304 IPC.
The bench, headed by Justice B.R. Gavai and also comprising Justice J.B. Pardiwala, emphasized the importance of considering the background in which the offense took place.
The court noted that there were persistent quarrels between the deceased and the appellant, and a previous incident involved the deceased fracturing the appellant’s leg, resulting in a pending case against him.
The appellant’s counsel, Advocate Aditya Dhawan, represented her, while Advocate Samir Ali Khan appeared for the respondent.
The appeal challenged the High Court’s decision upholding the trial court’s conviction of the accused/appellant under Section 302 and 201 of the Indian Penal Code, 1860 (IPC).
The main issue before the court was whether the conviction under Section 302 of the IPC was appropriate or if the case warranted a lesser offense.
After careful consideration, the bench concluded that the conviction under Section 302 IPC would be difficult to sustain based on the testimony of the appellant’s daughter, who stated that her parents often quarreled, and her mother had struck her father with a stick, resulting in his injuries and subsequent death.
The court took into account the provocation caused by the husband’s denial of money to their daughter and the use of a stick as a weapon, which did not qualify as a deadly weapon. Relying on Exception I of Section 300 IPC, the court altered the appellant’s conviction to Part I of Section 304 IPC.
The ruling highlights the court’s consideration of the circumstances surrounding the crime and its commitment to ensuring justice in such cases. Consequently, the appellant was granted bail, and the conviction was modified.