The Madhya Pradesh High Court has reduced the life sentence of a man convicted of killing his pregnant wife to seven years' rigorous imprisonment, noting that the assault was not "premeditated" but was triggered by the "sudden and grave provocation" of her remark that she "can keep a thousand husbands" like him.
In its verdict delivered on June 18, a division bench of Justices Vivek Agarwal and Avanindra Kumar Singh noted that the remark made by the woman was an indirect/oblique reference to the worthlessness of the husband, signifying that he had no value as a human being or a husband.
According to the prosecution, Shiva Kahar, a resident of Chaurai block in Chhindwara district, murdered his wife, Kiran, on September 18, 2021, when she was seven months pregnant.
Kahar struck her on the head with a stone, resulting in her death. After the incident, he called his father-in-law and informed the police about his wife's murder, following which he was arrested, the prosecution said.
The accused stated that on the day of the incident, he and his wife had an argument, during which Kiran said, "I will have a thousand husbands like you." This angered him, and he hit Kiran on the head with a stone lying nearby, leading to her death.
The Chhindwara district court sentenced Kahar to life imprisonment for the killing. He later challenged the conviction and sentence before the Madhya Pradesh High Court.
Referring to the high court's verdict, the prosecution said that in the case of a man murdering his wife due to "sudden grave provocation", the court had reduced the accused's sentence from life imprisonment to seven years' rigorous imprisonment.
The high court held that the murder was not premeditated but was the result of sudden and grave provocation caused by the wife's alleged abusive words.
In its order, the bench said, "Considering the facts and circumstances of the case, we find that it was not a pre-meditated offence, the stone lying nearby was used to cause injury to Kiran which resulted in her death; and after the incident, he (accused) himself informed the incident to the police and relatives of the Kiran."
"When a wife refers to her husband that 'she can keep thousand husbands like him' it is indirect/oblique reference to worthlessness of the husband, meaning he has no value as a human being or a husband. Therefore, it can be turned as a sudden and grave provocation," it said.
"Considering the overall facts and circumstances of the case, while maintaining the conviction for culpable homicide not amounting to murder, we find that case would not fall under 304 Part-I of the Indian Penal Code (IPC) but would fall under Section 304 Part-II of IPC. Accordingly, the appellant is convicted under Section 304 Part-II for causing the death of his wife," the bench ruled.
"He is directed to undergo a rigorous imprisonment of seven years with fine of Rs 1,000. If the fine is not paid, he has to serve one more year of rigorous imprisonment," it added.
Section 304 Part I of the Indian Penal Code (IPC) penalises culpable homicide not amounting to murder where the act is committed with the intention of causing death or bodily injury likely to cause death.
Part II applies when an accused causes death with the knowledge that the act is likely to cause death, but without any premeditated intention to kill or cause fatal bodily injury.
(With inputs from PTI)
