A wife and her lover who throttled her husband to death and burnt his body were held guilty only of culpable homicide, not murder, by the Supreme Court on Thursday.
What saved them was the husband calling his wife a prostitute in front of their daughters which the Supreme Court termed a 'sudden and grave provocation', according to a report published in the barandbench.com.
The Bench comprising Justices Mohan M Shantanagoudar and Dinesh Maheshwari was hearing the case Nawaz vs the State. The judgment read, "The deceased provoked the accused No.1 (wife of the deceased) by uttering the word ‘prostitute’. In our society, no lady would like to hear such a word from her husband. Most importantly, she would not be ready to hear such a word against her daughters. The incident is a result of a sudden and grave provocation by the deceased. Since the body came to be transported by the accused to a different place in order to hide the offence, the accused are rightly convicted for offence under Section 201 of IPC (causing disappearance of evidence of offence)."
The husband had doubted his wife for having an illicit relationship with Nawaz. On the day of the incident, the deceased and his wife were quarrelling. Hearing this, Nawaz came down from the first floor. The deceased then called his wife and daughters prostitutes. Nawaz appealed to the husband not to quarrel. When he did not stop, the duo throttled him with the help of a towel and burnt the body to try to conceal the offence.
The trial court, as well as the High Court, had convicted both the accused for the offences under Section 302 (murder) and Section 201 of IPC.